Ashutosh Anand @ Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86532 of 2024 Arising Out of PS. Case No.-293 Year-2024 Thana- MURLIGANJ District- Madhepura ====================================================== ASHUTOSH ANAND @ SHIVAM KUMAR S/O SANJEEV KUMAR R/O VILL.- BHALNI, WARD NO 3, P.S. MURLIGANJ, DISTRICT MADHEPURA ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-02-2025 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 section 394 of the Indian Penal Code.
3. The case of the prosecution is that the informant was carrying husk of paddy by truck from Saharsa to Parora. In the way, two persons armed with country made pistol intercepted the informant and looted away a cash of Rs. 2500/ and one mobile phone of vivo company at a gun point.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the present case. It is further submitted that the petitioner was
Patna High Court CR. MISC. No.86532 of 2024(3) dt.10-02-2025 2/2 apprehended on mere suspicion and he has confessed before the police which has no evidentiary value in the eye of law. Further submission is that nothing has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 26.07.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the petitioner has criminal antecedent of two cases in which he is on bail.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Murliganj P.S. Case No. 293 of 2024 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, Madhepura/concerned Court. (Ashok Kumar Pandey, J) Jagdish/- U T