Abhishek Kumar @ Bade v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8495 of 2023 Arising Out of PS. Case No.-733 Year-2022 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== ABHISHEK KUMAR @ BADE S/O ARBIND MEHTA Resident of VillageRajabigha, P.O.- Pandrawa, P.S.- Jamhor, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks regular bail in connection with Aurangabad Town P.S. Case No. 733 of 2022/G.R. No. 1473/ 2022 registered for the offence punishable under Sections 213, 217 & 420 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and have falsely been made accused on the basis of suspicion. Petitioner is not a registered owner of seized Bolero vehicle bearing Regn. No. JH04F5914 and Glamour motorcycle nor the consignment belongs to the petitioner. Petitioner was not present at the place of occurrence and no any illegal liquor was recovered from the conscious possession of the petitioner and he is in custody since 28.11.2022.

Patna High Court CR. MISC. No.8495 of 2023(2) dt.03-05-2023 2/2 Learned APP has vehemently opposed the prayer for bail.

Considering the nature of allegation levelled against the petitioner, his period of custody, this application is allowed. Let the petitioner, above named, 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 Special Judge, Excise-1st, Aurangabad (Bihar), in connection with Aurangabad Town P.S. Case No. 733 of 2022/ G.R. No. 1473/2022.

This is also subject to the conditions that (I) the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner and (ii) the petitioner shall mark his presence in Aurangabad Town Police Station, District- Aurangabad (Bihar) on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below.

(Sandeep Kumar, J) Ranjeet/- U T