Ashish Kumar @ Aaish KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38191 of 2026
                        Arising Out of PS. Case No.-648 Year-2025 Thana- SUPAUL District- Supaul
                 ======================================================
                 Ashish Kumar @ Aaish Kumar S/o Surendra Yadav @ Surendra Kumar R/o
                 Village - Jajhat Sabela, Ward No.-09, P.S. - Singheshwar, District
                 -Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Md Shadab Alam Wazdi
                 For the Opposite Party/s :        Mr.Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH
                                       ORAL ORDER

2   19-06-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in a case registered for

                   the offence punishable under Section 309(4) of the Bhartiya

                   Nyaya Sanhita.

                                3. As per the prosecution story, informant was

                   returning home on motorcycle after closing his shop. Three

                   boys got down from a different vehicle, intercepted him. Two

                   of whom assaulted him. Subsequently, all the three boys put a

                   gun to his head and robbed him. Hence the F.I.R.

                                4. It has been submitted on behalf of the petitioner

                   that the petitioner is innocent and he has been falsely implicated

                   in this case. Petitioner is not named in the F.I.R. and it has been
Patna High Court CR. MISC. No.38191 of 2026(2) dt.19-06-2026
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          submitted that the petitioner has been implicated in this case due

          to dirty village politics. Nothing incriminating or any stolen

          property was recovered from the possession of the petitioner. It

          has also been submitted that the Test Identification Parade (TIP)

          has not been conducted and charge-sheet has already been filed.

          It has further submitted on behalf of the petitioner that the

          search and seizure procedure under Section 103 and 105 of

          Bhartiya Nagrik Suraksha Sanhita has not been followed.

          Petitioner is in custody since 31.12.2025.

                       5. Learned A.P.P. for the State opposes the prayer for

          bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, 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

          satisfaction of the learned Chief Judicial Magistrate, Supaul or

          concerned Court, in connection with Supaul P.S. Case No. 648

          of 2025 on the following condition :-

                       (i) That one of the bailor should be family member of

          the petitioner.

                       (ii) That the petitioner will cooperate in the trial and

          will remain present on all dates personally or should be duly
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                      represented through his counsel and whenever required to be

                      physically present by the Court, he should physically appear in

                      Court on that date.

                                   (iii) If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.



                                                                   (Kumar Manish, J)
sanjeev/-

U       T