Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86908 of 2024 Arising Out of PS. Case No.-420 Year-2024 Thana- HISUWA District- Nawada ====================================================== Ashish Kumar Kushur Bhuian @ Kushur Manjhi Resident of Village- Bagai, P.S. Fatehpur, District- Gaya, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Hisua P.S. Case No. 420 of 2024 instituted for the offence under Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023. 3.

Prosecution case in a nutshell is that some unknown miscreants have stolen the motorcycle of the informant which was parked in front of his house. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23-08-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.86908 of 2024(2) dt.07-01-2025 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired in this case during course of investigation. Nothing has been recovered from the possession of the petitioner. There is no compliance of Section 103 of the BNSS, 2023. It is lastly submitted that charge sheet has been submitted in this case.

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 manner of petitioner's implication, 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 Hisua P.S. Case No. 420 of 2024.

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