Abhishek Kumar @ Abhishek Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11788 of 2024 Arising Out of PS. Case No.-138 Year-2023 Thana- PARBATTA District- Bhagalpur ====================================================== Abhishek Kumar @ Abhishek Sharma S/O JANGALI SHARMA @ JANGAL SHARMA VILLAGE- NAYATOLA, PS.- NAUGACHIA, DISTT.- BHAGALPUR.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar, Adv.
For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-02-2024
1. Heard the parties.
2. Petitioner seeks regular bail in connection with Parbatta P.S. Case No. 138/ 2023 dated 21.07.2023 registered for the offence(s) punishable under Section(s) 379 and 411 of the Indian Penal Code.
3. The main submissions advanced by learned counsel for the petitioner are that there is no material evidence against the petitioner to connect him to the alleged crime of theft and he was remanded in the present matter from Ismailpur P.S. case No. 97/ 2023 and except petitioner's criminal antecedents, the prosecution has not produced any material and the F.I.R. was registered against unknown and as per seizure memo, the theft vehicle is said to have been recovered from the premises of
Patna High Court CR. MISC. No.11788 of 2024(2) dt.28-02-2024 2/3 Rangra (O.P.) P.S. which shows that prosecution has not produced any material to prove the recovery of the theft vehicle from the possession of this petitioner. Further submission is that though against the petitioner there is criminal antecedent of four cases but he has got bail in three cases.
4. Learned APP appearing for the State opposes the bail prayer and submits that there are several criminal antecedents against the petitioner.
5. In the facts and circumstances of the case and considering the above submissions and mainly the facts that prosecution is mainly relying upon the petitioner's criminal antecedents and as per seizure memo, stolen vehicle is said to have been recovered from the premises of Rangra (O.P.) P.S. and during the course of argument the prosecution has not showed to this court the recovery of theft vehicle being made from possession of this petitioner and also taking into account completion of investigation against this petitioner and his custody period, this court is inclined to accept his bail prayer. Accordingly, let the petitioner named-above be released on bail after framing of charge in connection with Parbatta P.S. Case No. 138 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.11788 of 2024(2) dt.28-02-2024 3/3 satisfaction of the Court concerned.
(Shailendra Singh, J) BKS/- U T