Abhishek Kumar @ Abhishek Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14972 of 2018 Arising Out of PS. Case No.-20 Year-2017 Thana- MAHNAR District- Vaishali ====================================================== Abhishek Kumar @ Abhishek Anand S/o Sri Avinash Rai @ Avinash Prasad, R/o Village- Jandaha, P.S.- Jandaha, District- Vaishali At Hajipur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra For the Opposite Party/s :

Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Mahnar P.S. Case No. 20 of 2017 registered for the offence punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act. Informant is Deepak Kumar who in his FIR has stated that on 17.01.2017, while he was returning back to his home with his friend Rajesh Kumar on motorcycle and when they reached near Samastipur Pond, at about 2:30 pm, three unidentified motorcycle borne miscreants stopped their vehicle and snatched away mobile and other articles, and also fired upon Rajesh Kumar on account of which Rajesh Kumar fell down.

It has been contended on behalf of the petitioner that

Patna High Court Cr.Misc. No.14972 of 2018(3) dt.11-04-2018 2/2 he is innocent and has been falsely implicated in this case. Except the confessional statement of co-accused Md. Anzar and Aravind Kumar, there is no incriminating material against the petitioner. It has been further submitted that similarly situated co-accused persons have been granted bail by a co-ordinate bench of this Court vide order dated 22.06.2017 in Criminal Miscellaneous No. 22627 of 2017 and order dated 03.05.2017 in Criminal Miscellaneous No. 21385 of 2017. Petitioner is in custody since 30.08.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIth, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 20 of 2017. (S. Kumar, J) ranjan/- U