Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7459 of 2024 Arising Out of PS. Case No.-611 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== ABHISHEK KUMAR S/O SHANKAR YADAV R/O VILLAGEKHWASPUR AT PRESENT- GUNDI P.S- BARHARA (KRISHNAGARH), DISTT.- BHOJPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414, 467, 468, 471, 34 of the Indian Penal Code.

3. As per FIR, the prosecution case relates to recovery of stolen motorcycle from the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. The petitioner has no concern with the alleged occurrence. As per Para-9 of the bail petition, the petitioner was suffering from fever and he took the motorcycle of his

Patna High Court CR. MISC. No.7459 of 2024(2) dt.17-02-2024 2/2 villager, namely, Indal Yadav on his consent for the purpose of visiting doctor, while he was going for treatment by the said motorcycle, he was apprehended by the police officials merely on the basis of suspicion. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Barhara P.S. Case No. 611 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara.

(Sunil Kumar Panwar, J) Manishkr/- U T