Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8001 of 2024 Arising Out of PS. Case No.-105 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== Abhishek Kumar son of Babudhan Yadav Resident of village- Neur Pokhar Repura tola PS Jagdishpur District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gyaneshwar Govind, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Nawanagar P.S. Case No.105 of 2023, lodged on 07.04.2023, under Section 414/34 of the Indian Penal Code and under Sections 25(1-b)A/26/35 of the Arms Act.

3. As per the prosecution, the FIR has been lodged against two named accused persons including the present petitioner, against whom there is an allegation that they were in possession of one Katta and one live cartridge as well as one motorcycle subject to theft has also been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.8001 of 2024(2) dt.20-02-2024 2/3 submits that petitioner has been made scapegoat in this case as due to family dispute five days prior to filing of this case on 02.04.2023 a case has been lodged and subsequently at the instance of the informant another case was also lodged. He also submits that petitioner is in custody since 08.04.2023. Charge sheet has already been filed in this case.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on being satisfied that petitioner is not absconding in Nawanagar P.S. Case No.101 of 2023, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Court No.11, Buxar, in connection with Nawanagar P.S. Case No.105 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions: (i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.8001 of 2024(2) dt.20-02-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T