Patna High CourtCR. MISC./28662/2018bail granted

Ashish Kumar v. State Of Bihar And ANR

2018-07-16Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28662 of 2018 Arising Out of PS. Case No.-236 Year-2017 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Ashish Kumar, S/o Umesh Prasad, R/o Vill.- Nauwagarhi, P.S.- Vishnupad, District- Gaya.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Union Bank of India Regional Office Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Saxena For the Opposite Party/s :

Mr. Arun Kumar Singh -5 Mr. Nishi Nath Ojha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-07-2018 Heard learned counsels for the petitioner and the State as well as learned counsel for the O.P. No. 2.

The petitioner, already in custody, seeks bail in connection with Magadh Medical P.S.Case No. 236 of 2017 registered under Sections 379 and 511 of the Indian penal Code. Allegation in brief is that three thieves were apprehended while making attempt of committing theft in the bank, who disclosed the name of the petitioner also as one of the associates, who had escaped away.

Submission is that except disclosure of name of the petitioner by co-accused apprehended at the spot, there is no other material against him and it's a case of attempt of theft in the bank though the petitioner has one criminal antecedent of

Patna High Court Cr.Misc. No.28662 of 2018(4) dt.16-07-2018 2/2 similar nature but in that he is on bail and one Kamlesh Paswan , also named by other accused, was granted bail by the court below itself.

Having considered the aforesaid facts and circumstances, the petitioner, namely , Ashish Kumar, is directed to be released on bail, after framing of charge, upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Gaya in connection with Magadh Medical P.S. Case No. 236 of 2017.

(Arun Kumar, J) sujit/- U T