Patna High CourtCR. MISC./84924/2023allowed

Ashish Kumar @ Jatha v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84924 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== Ashish Kumar @ Jatha Son of Lalit Sahni Village Sambhupatti, P.S. Karpurigram, Dist. Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 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 sections 392 and 411 of the Indian Penal Code.

3. As per prosecution case, the informant was intercepted by three unknown miscreants and they looted away cash of Rs. 46,891/- of the informant which was collected by him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR. He has falsely been implicated in this case on the basis of confession made by co-accused namely, Shiv Kumar. It is also submitted that the petitioner was arrested

Patna High Court CR. MISC. No.84924 of 2023(2) dt.09-01-2024 2/2 from his house and Rs. 15000/- was recovered but the said amount was not looted and the same belongs to the petitioner. Neither the petitioner was put on TI parade. The petitioner has got no criminal antecedent as stated in para-3 of the petition and he is languishing in judicial custody since 2.10.2023.

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 Karpurigram P.S. Case No. 105 of 2023 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, Samastipur. (Sunil Kumar Panwar, J) Amandeep/- U T