Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22684 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ====================================================== Abhishek Kumar, son of Hari Kishore Sharma, Resident of Village - Phulari, P.S. - Sandesh, District - Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Nilesh Kumar, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 01.02.2017 in connection with Ara Nagar P.S. Case No. 27/2017 for offences punishable under Sections 379, 411 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that after parking his motorcycle outside his house he heard the starting sound of his motorcycle and found three persons there. While two persons managed to escape, petitioner was caught by the informant.

It has been submitted by the learned counsel for the petitioner that he is innocent, has falsely been implicated in the

Patna High Court Cr.Misc. No.22684 of 2017 (3) dt.22-06-2017 2/2 aforesaid case and had no criminal antecedent but after the present case another case has been lodged against the petitioner on the same day in which he is on bail. It is submitted that no overt act has been committed by the petitioner and he is a student and resides on rent for pursuing his studies.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ara Nagar P.S. Case No. 27/2017 with condition that one of the bailors would be a close relative of the petitioner, who will file an affidavit showing his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T