Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12262 of 2023 Arising Out of PS. Case No.-204 Year-2022 Thana- MANPUR District- Nalanda ====================================================== ABHISHEK KUMAR S/O BINDESHWAR PRASAD R/o MohallaMeharpar, P.S.- Laheri, District- Nalanda. Permanent add- Resident of villTarokhar, P.S.- Giriyak, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 379, 386, 120B of the Indian Penal Code. As per prosecution case, while the informant was going with this petitioner to his village in respect of work on paper of land, in the way, 4-5 accused persons armed with lathidanda and assaulted the informant due to which he sustained injury and they also snatched papers of agreement of land from the informant. The informant suspects that the petitioner conspired with his friends and committed this occurrence. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. From

Patna High Court CR. MISC. No.12262 of 2023(2) dt.24-04-2023 2/2 perusal of FIR, it appears that there is dispute over the execution of sale deed between the petitioner and the informant due to which he has falsely been implicated in this case. It further submitted that after completion of investigation, the charge sheet has not been submitted u/s 307 of I.P.C. against the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 20.8.2022.

Learned APP appearing for the state and leaned counsel for the informant have 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 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 Manpur P.S. Case No. 204 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 A.C.J.M.-5, Nalanda at Biharsharif.

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