Anshu Kumar @ Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73828 of 2023 Arising Out of PS. Case No.-521 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== ANSHU KUMAR @ ASHUTOSH KUMAR S/O MITHILESH PRASAD VILLAGE- KACHHIYAWAN, PS. NAGARNAUSA, DIST. NALANDA, BIHAR, PIN-801302 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392, 395 and 412 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that while he wsa carrying some refined oil, his vehicle has been overtaken by four persons and thereafter, they have looted away the informant's vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name came into light on the absis of confessional statement of co-accused namely, Amit

Patna High Court CR. MISC. No.73828 of 2023(2) dt.08-11-2023 2/2 Kumar and Manishankar Kumar. Nothing has been recovered from conscious possession of the petitioner. The petitioner has got no criminal antecedent and languishing in judicial custody since 9.5.2023. Similarly situated co-accused persons namely, Amit Kumar has already been enlarged on bail granted by a coordinate Bench of this Court vide order dt. 2.1.2023 passed in Cr. Misc. No. 23196 of 2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jakkanpur P.S. Case No. 521 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T