Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.917 of 2025 Arising Out of PS. Case No.-12 Year-2023 Thana- BALUA BAZAR District- Supaul ====================================================== Ajay Kumar S/o- Anmol Yadav R/V- Brahkurba(Pratappur) PS-Triveniganj Dist-Supaul ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, not named in the F.I.R., is apprehending his arrest in connection with Balua Bazar P.S. Case No. 12 of 2023 registered for the offences punishable under Sections 392/34 of the Indian Penal Code. He has one criminal antecedent, where he is on bail, as stated in paragraph '3' of the application.

3. The allegation against the petitioner is to commit robbery and while committing so, looted the motorcycle which was with the informant.

4. It is submitted by learned counsel appearing for the petitioner that name of petitioner transpired during course of

Patna High Court CR. MISC. No.917 of 2025(4) dt.05-03-2025 2/3 investigation out of confessional statement of co-accused Brajesh Kumar. It is submitted that even the looted motorcycle recovered during course of investigation from the house of said co-accused Brajesh Kumar and, therefore, save and except suspicion out of confessional statement of coaccused, nothing surfaced against this petitioner. It is pointed out that petitioner found involved in one more criminal case, but same is not of similar nature, where he is on bail.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as name of petitioner appears out of confessional statement, where only looted motorcycle appears to be recovered from the house of co-accused Brajesh Kumar, who named this petitioner, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Supaul/concerned court in connection

Patna High Court CR. MISC. No.917 of 2025(4) dt.05-03-2025 3/3 with Balua Bazar P.S. Case No. 12 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T