Patna High CourtCR. MISC./10946/2024allowed

Abhishek Kumar v. The State Of Bihar

2024-02-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10946 of 2024 Arising Out of PS. Case No.-28 Year-2023 Thana- KAJRAILI District- Bhagalpur ====================================================== Abhishek Kumar S/O Om Prakash Brahamchari R/O Village- Funsia, P.SRajour, Distt.- Banka. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 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 395 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants are alleged to have looted cash of Rs. 62,000/- along with mobile phones of the informant and his colleague while they were working at petrol pump near Amarpur.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired int his case on the basis of confessional statement of co-accused Sonu Kumar before police. Neither the petitioner was put on TI

Patna High Court CR. MISC. No.10946 of 2024(2) dt.22-02-2024 2/2 parade nor any incriminating material has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 3.11.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kajraili P.S. Case No. 28 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 Judicial Magistrate, 1st Class, Bhagalpur.

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