Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79444 of 2025 Arising Out of PS. Case No.-283 Year-2025 Thana- GORIAKOTHI District- Siwan ====================================================== Ashish Kumar Son of Harendra Ram Resident of Village- Basantpur, P.S.- Basantipur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2025 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Goreakothi P.S. Case No. 283 of 2025, instituted for the offences punishable under Sections 317(5), 317(2), 318(4), 338, 336(3) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that there is recovery of one loaded country made pistol, two mobile phones and one motorcycle from the possession of co-accused persons. It is further alleged that one mobile phone and one motorcycle has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.79444 of 2025(3) dt.16-12-2025 2/2 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern with the alleged recovery of arms. It is further submitted that the motorcycle recovered from the possession of the petitioner belongs to him and not a stolen one. The petitioner is in custody since 24.08.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Goreakothi P.S. Case No. 283 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T