Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12691 of 2023 Arising Out of PS. Case No.-359 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Abhishek Kumar Son Of Nitesh Kumar R/V- Chakaji Nizam, P.S.- Mahua, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant was returning home after attending marriage ceremony, in the meantime, four miscreants boarded on two motorcycles, snatched his mobile phone on the point of gun.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.12691 of 2023(2) dt.05-05-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Rakesh Kumar. Moreover, the petitioner is languishing in judicial custody since 18.08.2022. Similarly situated co-accused, namely, Biru Kumar @ Biru Bhagat has been granted bail by this Court vide order dated 24.02.2023, passed in Cr. Misc. No. 65010 of 2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mahua P.S. Case No. 359 of

Patna High Court CR. MISC. No.12691 of 2023(2) dt.05-05-2023 3/3 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali, Hajipur.

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