Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21497 of 2021 Arising Out of PS. Case No.-246 Year-2020 Thana- NAUGACHIA District- Bhagalpur ====================================================== ABHISHEK KUMAR Son of Jangali Mistri @ Jangali Sharma Resident of Village - Nayatola, P.S. - Naugachia, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ayush Kumar, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-08-2021 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302/120B of the Indian Penal Code and Sections 25(1-b)a/ 27/ 35 of the Arms Act. Allegation against the petitioner is that he along with other accused persons committed murder the son of the informant by means of firearms.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no eye witness to the case. He

Patna High Court CR. MISC. No.21497 of 2021(2) dt.09-08-2021 2/2 submits that there is no specific allegation against the petitioner. He submits that petitioner's name has been revealed as a conspirator and on this ground bail of the petitioner was rejected by the learned court below. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 12.08.2020.

Considering the facts and circumstances of the case and the fact that there is no specific allegation against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Naugachia P.S. Case No. 246 of 2020. (Anjani Kumar Sharan, J) devendra/- U T