Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11663 of 2023 Arising Out of PS. Case No.-413 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== Abhishek Kumar Son Of Ranjit Varma @ Ranjita Varma @ Ranjit Sah Resident Of Village- Bharpura, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per allegation in the FIR, when informant was at his shop, meanwhile, two miscreants armed with pistol came there and looted 15 kgs silver as well as 300 gram golden ornaments from his shop. Thereafter the accused miscreant fled away towards Dalsinghsarai. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence.

Patna High Court CR. MISC. No.11663 of 2023(4) dt.25-08-2023 2/3 The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the TI Parade has been held nor any incriminating article has been recovered from his conscious possession and as alleged recovered material has not been identified properly according to legal evidence. The petitioner is in judicial custody since 15.11.2022. Moreover, other similarly situated coaccused has been granted bail by a coordinate Bench of this Court vide order dated 08.05.2023 passed in Cr. Misc. No. 6472 of 2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bibhutipur P.S. Case No. 413 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.11663 of 2023(4) dt.25-08-2023 3/3 with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Rosera, Samastipur. (Sunil Kumar Panwar, J) Shageer/- U T