Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9772 of 2023 Arising Out of PS. Case No.-517 Year-2022 Thana- DEHRI TOWN District- Rohtas ====================================================== Abhishek Kumar, S/O Pramod Jaiswal R/O Mohalla- Ward No- 20, New Dilliyan, Dehri, P.S- Dehri (T), District- Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 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 Sections 394, 326 of the Indian Penal Code and Section 27 of Arms Act. The prosecution case, in brief, is that while the son of the informant went to Patna with container bearing Reg No. RJ14GJ7973, in the way some criminals came and tried to snatched mobile and fired on the temporal of his son due to which he sustained injury on the left eye.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The petitioner is not named in the F.I.R. rather his

Patna High Court CR. MISC. No.9772 of 2023(3) dt.19-05-2023 2/2 name has been dragged in this case on the basis confessional statement of co-accused Karan Kumar, which has got no evidentiray value in the eye of law. Neither the petitioner has been put on TI Parade nor any incriminating article has been recovered from his conscious possession. The petitioner has got no criminal antecedent. It is further submitted that he is languishing in judicial custody since 14.07.2022. 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 as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dehri Nagar P.S. Case No. 517 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, Rohtas. (Sunil Kumar Panwar, J) Niraj/Lata U T