Ashish Kumar @ Ashish Kumar Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83487 of 2019 Arising Out of PS. Case No.-511 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== ASHISH KUMAR @ ASHISH KUMAR ANAND Son of Ramchandra Yadav Resident of Village - Basatpur, P.S.- Bakhtiyarpur (O.P. Balwa Hat), DistrictSaharsa. presently residing at Batraha Ward No. 25, P.S. Saharsa, DistrictSaharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Saharsa Sadar (Sonbarsa Kachahari) P. S. Case No. 511 of 2019 instituted for the offence under Section(s) 399, 401, 402, 411, 412 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act. The prosecution case is that when the police party was going to recover a looted motorcycle, the petitioner along with others, on seeing the police party, have fled away. It is alleged

Patna High Court CR. MISC. No.83487 of 2019(3) dt.18-03-2020 2/3 that petitioner was apprehended and one country made 'katta', one live cartridge and a mobile phone are alleged to have been recovered from the petitioner's possession. The petitioner is in custody since 06.06.2019. It is further submitted that similarly situated co-accused, namely, Ajit Kumar and Subodh Kumar have been granted regular bail by co-ordinate Bench of this Court in Cr. Misc. nos. 57092 of 2019 and 60497 of 2019. The petitioner is on bail in earlier two cases pending against him. The petitioner's counsel submits that it is a case of false implication and that no such incident took place. The learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the JM 1st Class, Saharsa, in connection with Saharsa Sadar (Sonbarsa Kachahari) P. S. Case No. 511 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.83487 of 2019(3) dt.18-03-2020 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T