Ashutosh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13655 of 2026
                        Arising Out of PS. Case No.-662 Year-2023 Thana- RAJAON District- Banka
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                 Ashutosh Kumar S/o Vijay Kumar Yadav Resident of village- Badi Dhaka,
                 P.S -Banka, District- Banka

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Sudhir Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr.Nawal Kishore Prasad, APP
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                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 394 of the

                   Indian Penal Code and Section 27 of the Arms Act.

                                3. The case of the prosecution is that the informant

                   along with his villager, namely, Manilal Yadav was returning to

                   his house after selling their buffalo. When they reached to Ajeet

                   Nagar Pahadi, four unknown persons hiding their faces stopped

                   the informant and his villager and started demanding cash from

                   them. It is further alleged that one of the accused persons fired

                   upon the villager, namely, Manilal Yadav, as a result of which he

                   sustained gunshot injuries. When the informant tried to

                   apprehend the said accused persons, he was also fired upon and
Patna High Court CR. MISC. No.13655 of 2026(2) dt.12-03-2026
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          sustained gunshot injuries. It is further alleged that the accused

          persons snatched Rs. 75,000/- from the informant and Rs.

          1,00,000/ from the villager, Manilal Yadav.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that the

          FIR was lodged against unknown miscreants. During the course

          of investigation, one Md. Sahin has given his confessional

          statement and on the basis of the said confessional statement

          name of the petitioner has surfaced. It is further submitted that

          nothing has been recovered from the conscious possession of

          this petitioner. Save and except the confessional statement of co-

          accused, there is nothing against him. It is further submitted that

          the petitioner is having criminal antecedent of six cases and

          only on the basis of the criminal antecedent, he has been framed

          in this case. Moreover, the petitioner is languishing in judicial

          custody since 23.11.2025.

                       5. Learned APP appearing for the state has opposed

          the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on
            Patna High Court CR. MISC. No.13655 of 2026(2) dt.12-03-2026
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                      bail in connection with Rajoun P.S. Case No. 662 of 2023 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Banka.

                                   7. However, it has been brought on record that the

                      petitioner has criminal antecedents in 6 cases. In such

                      circumstances, he is directed to cooperate in the trial, remain

                      physically present on each and every date fixed by the court,

                      and mark his attendance once every week at Banka Police

                      Station.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T