Kanhaiya Kumar @ Ashutosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2749 of 2025 Arising Out of PS. Case No.-92 Year-2024 Thana- PURNAHYA District- Sheohar ====================================================== Kanhaiya Kumar @ Ashutosh Kumar Son of Sunil Kumar Yadav VillagePupri Narayanpur, P.S. -Pupri, District -Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Purnahiya P.S. Case No. 92 of 2024 instituted for the offences under Sections 309(6) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that three unknown miscreants snatched the bag of the informant containing Laptop, Mobile Phone, ID Card, Passport, some other documents and cash amounting to Rs. 1,00,000/- on the point of pistol and fled away.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner
Patna High Court CR. MISC. No.2749 of 2025(2) dt.31-01-2025 2/3 transpired in this case on the basis of confessional statements of the co-accused persons namely, Vishal Aman @ Rahul Kumar, Sonu Kumar, Sonu Kumar @ Kumar Vinay Singh made in Purnahiya P.S. Case No. 82 of 2024. Learned counsel further submitted that petitioner was apprehended by the police and one Bike and cash amounting to Rs. 1500/- were recovered from this petitioner for which a separate case bearing Purnahiya P.S. Case No. 94 of 2024 was lodged. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered motorcycle. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.10.2024 and has one criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 26.10.2024 passed in Cr. Misc. No. 77297 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.2749 of 2025(2) dt.31-01-2025 3/3 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 Purnahiya P.S. Case No. 92 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T