Ashish Kumar @ Aashik Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86805 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- DHANKUND District- Banka ====================================================== Ashish Kumar @ Aashik Kumar S/O Viru Mandal @ Viru Mahto R/O vill.- Harinagar, P.S- Goradih, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Malendu, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Dhankund P.S. Case No. 97 of 2024 instituted for the offences under Sections 317(5), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that, the petitioner was apprehended with a motorcycle as he failed to produce the valid documents in support of the same.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.86805 of 2024(2) dt.19-12-2024 2/2 that petitioner had purchased the said motorcycle from coaccused Md. Azad who has already been granted bail by the learned court below. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.09.2024 and has no criminal antecedent.
5. Learned A.P.P. 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, clean antecedent as also 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhankund P.S. Case No. 97 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T