Abhishek Kumar @ Abhishak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5873 of 2023 Arising Out of PS. Case No.-458 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Abhishek Kumar @ Abhishak, Son of Subodh Kumar Singh, R/v- Badalpura, P.S.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-05-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Section 392/411 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in brief, is that on 06.09.2021, while informant and his wife were returning to his house in the meantime, three persons riding on Apachy motorcycle overtook and fired upon him and thereafter, they snatched ornaments of her wife and a bag containing Rs. 1500/-, NIT Book, cloths and one Samsung mobile.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.5873 of 2023(2) dt.11-05-2023 2/2 this case. Name of the petitioner transpired during investigation in the confessional statement of co-accused, namely, Gulshan Kumar. No looted article has been recovered from possession of the petitioner and he is made accused in one more case by the same co-accused person.

Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Muffasil P. S. Case No. 458 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure and with further condition that: 'Court below shall further verify the criminal antecedent of the petitioner and if it is found that petitioner is involved in some other cases, except the one stated in paragraph No. 3 of the main petition, then this Order will automatically lose its force.'

(Prabhat Kumar Singh, J) Navya/- U T