Anish Kumar @ Pahari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75469 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- CHAORI District- Bhojpur ====================================================== Anish Kumar @ Pahari Son of Ram Awatar Singh Resident of Village - Rampur, P.S. - Garhani, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navin Kumar Singh, Advocate Mr. Akhilesh Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Chauri P.S. Case No. 102 of 2024 registered for the offence punishable under Sections 309(4), 317(2) and 317(3) of the Bharatiya Nyaya Sanhita.

3. The case of the prosecution is that the informant was going to Andhari Bazar at about 1:00 pm. It is alleged that three miscreants on a bike intercepted the informant. It is further alleged that on the pistol point, mobile of the informant was snatched.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.75469 of 2024(3) dt.22-01-2025 2/2 case. Nothing has been recovered from the possession of this petitioner. From perusal of the F.I.R. itself, it is clear that the F.I.R. was lodged against the unknown miscreants. During course of investigation, one Nitish Kumar was apprehended. Nitish Kumar has given his confessional statement. In his confessional statement, he has named the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 25.08.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhojpur, Ara in connection with Chauri P.S. Case No. 102 of 2024.

(Ashok Kumar Pandey, J) Anushka/- U T