Abhishek Kumar @ Abhishekh Kumar @ Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.835 of 2020 Arising Out of PS. Case No.-380 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== ABHISHEK KUMAR @ ABHISHEKH KUMAR @ ASHUTOSH KUMAR Son of Manoj Tiwari Resident of Village - Sihorwa, P.S.- Chakia, Distt.- East Champaran at Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Shanker Prasad, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 326/302/394 of the Indian Penal Code.

The FIR of the occurrence of robbery and murder is against unknown. During investigation two co-accused were arrested by the police and they made confession before the police wherein name of the petitioner surfaced. Submission is that besides confessional statement of co-accused there is no other material against the petitioner. The petitioner is in custody since 03.10.2019. He was never put on Test Identification Parade during investigation which is already

Patna High Court CR. MISC. No.835 of 2020(2) dt.16-01-2020 2/2 complete.

Finding substance in the submission aforesaid as well as the fact that there is nothing to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Chiraiya P.S. Case No.380 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the Court.

(Birendra Kumar, J) Mkr./- U T