Ashutosh Kumar @ Aashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88080 of 2025 Arising Out of PS. Case No.-295 Year-2014 Thana- PURNEA SADAR District- Purnia ====================================================== Ashutosh Kumar @ Aashutosh Kumar Son of Chhavi Lal Yadav Resident of Naya Tola, Jurabganj PS- Korha District -Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered under Section 414 of the Indian Penal Code.

3. The prosecution case relates to the recovery of a stolen motorcycle from two accused persons Md. Ashik and Md. Shahid Raza.

4. Learned counsel for the petitioner submits that it would be apparent from the first information report that the so called motorcycle was recovered from the two other accused persons and so far as the present petitioner is concerned, his name transpired during the course of investigation upon the confessional statement of Md. Ashif and the petitioner had no knowledge whatsoever that his name also appears in the present case as an accused. It is further submitted that the petitioner

Patna High Court CR. MISC. No.88080 of 2025(2) dt.15-01-2026 2/3 works at Kotak Mahendra Bank and the police started searching for him after ten years of the alleged incident and no coercive processes were issued against him.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State submitting that the petitioner has two criminal antecedent. However, it has been stated that he is on bail in both the cases.

6. Taking into consideration the facts and circumstances and also considering the fact that the name of the petitioner has transpired in the confessional statement of coaccused and he had no knowledge of the present case, let the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Supplementary Sadar P.S. Case no.295 of 2014 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the conditions:

(i) The petitioner would cooperate in the

Patna High Court CR. MISC. No.88080 of 2025(2) dt.15-01-2026 3/3 investigation/ trial and in case the petitioner does not cooperate or any delay is caused on account of his non cooperation, the prosecution as well as learned court concerned would be at liberty to get the bail bonds of the present petitioner cancelled. (ii) One of the bailors will be a family member/close relative.

(Soni Shrivastava, J) devendra/- U T