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Patna High CourtCR. MISC./86166/2019bail granted

Ashok Sinha @ Ashok Kumar Sinha v. The State Of Bihar

2020-01-14Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86166 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== ASHOK SINHA @ ASHOK KUMAR SINHA Son of Late Lala Hari Prasad Sinha Resident of Village - Purandarpur, P.S.- Ekangar Sarai, DistrictNalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Manoj For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with (Lalit Narayan Mithila) University P.S. Case No. 138 of 2019 for the offence registered under Sections 328, 307, 379 and 34 of the Indian Penal Code .

The allegation is regarding 3-4 unknown miscreants having boarded on a white colour Magic vehicle whereafter they are stated to have administered intoxicating cold drink to the informant resulting in him becoming unconscious and then they are said to have stolen his articles. It is further alleged that during the course of investigation, the petitioner was arrested in one other case and in his confessional statement he had

Patna High Court CR. MISC. No.86166 of 2019(2) dt.14-01-2020 2/3 disclosed to the Police that he was engaged with the gang dealing in contraband articles and he used to administer intoxicated drinks to the victims and used to steal their articles. The learned counsel for the petitioner has submitted that as far as the present case is concerned, there is no allegation of commission of any sort of crime and at best, the petitioner can be said to have complicity, if at all, in the other case, in which he has been arrested. It is further submitted that the petitioner is languishing in custody since 14.06.2019. Lastly, it is submitted that the co-accused persons have already been granted bail by coordinate Benches of this Court vide orders dated 26.11.2019 and 28.11.2019 passed in Criminal Misc. No. 75332 of 2019 and Criminal Misc. No.

77483 of 2019, respectively. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner as also taking into account the parity of the case of the petitioner with that of the co-accused persons who have already been granted bail, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.86166 of 2019(2) dt.14-01-2020 3/3 satisfaction of learned Additional Chief Judicial Magistrate-IV, Darbhanga in connection with (Lalit Narayan Mithila) University P.S. Case No. 138 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T