Ayush Kumar @ Aayush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1999 of 2024 Arising Out of PS. Case No.-697 Year-2023 Thana- BIHTA District- Patna ====================================================== Ayush Kumar @ Aayush Kumar S/O Satyendra Singh Village- Tilak Nagar Katira Ward No. 17, Dr. B.D. Pandey Ke Bagal Me, Ps. Ara Nawada, Dist. Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the State :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bihta P.S. Case No. 697 of 2023 instituted for the offence under Section 392 of the Indian Penal Code (for brevity 'I.P.C'), but later on charge sheet has been submitted under Sections 392, 411, 414, 467, 420 of the IPC and Section 25(1-B)a, 26, 35 and 27 of the Arms Act.

3.

As per allegation in the FIR, informant purchased Dezire car and he has parked his vehicle at Jasidih Railway Station. A group of four persons has hired his vehicle for visit to Bihta. On way to Bihta, accused persons on pistol point looted

Patna High Court CR. MISC. No.1999 of 2024(3) dt.29-01-2024 2/3 him and ousted the informant from his vehicle and took away his vehicle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-08-2023. Petitioner is stated to be man of clean antecedents.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has been surfaced in this case due to self confession as also confessional statement of co-accused, namely, Kunal Kumar, who has been granted bail by Coordinate Bench of this Court vide order dated 24-01-2024 passed in Cr. Misc. No. 1744 of 2024. Petitioner is also not named in the F.I.R.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

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 Bihta P.S.

Patna High Court CR. MISC. No.1999 of 2024(3) dt.29-01-2024 3/3 Case No. 697 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T