Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1719 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- JADIA District- Supaul ====================================================== Ashish Kumar S/O Visho Yadav @ Biswanath Yadav R/O Village- Azad Tola, P.S- Jadiya, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patla Kumari For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 393 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that informant was shot fire by the unknown criminals riding on a motorcycle, as a result of which, he sustained gunshot injuries. One of the coaccused has been apprehended by villagers who

Patna High Court CR. MISC. No.1719 of 2024(2) dt.24-01-2024 2/3 disclosed his name as Minto Kumar and took the name of the petitioner as his accomplish.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The allegation of firing is not against the petitioner, rather firing is alleged against co-accused Sonu Kumar. The petitioner has no concern with the alleged occurrence. The petitioner is languishing in custody since 04.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.1719 of 2024(2) dt.24-01-2024 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate, Supaul in connection with Jadiya P.S. Case No. 206 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T