Patna High CourtCR. MISC./42313/2017bail granted

Abhishek Kumar v. The State Of Bihar

2017-09-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42313 of 2017 Arising Out of PS. Case No.-403 Year-2017 Thana- SHASTRINAGAR District- Patna ====================================================== Abhishek Kumar Son of Ramesh Prasad, R/o Village- Rajopur Minpura, P.S.- Patliputra, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 387 and 120B/34 of the Indian Penal Code. Allegation is that one mobile phone was recovered from the possession of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.7.2017 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. There is no substantive evidence to suggest his implication in the present case. No incriminating article has been recovered from the possession of the petitioner. Other co-accused, namely, Nishant Kumar and Rahul Rai have

Patna High Court Cr.Misc. No.42313 of 2017(2) dt.19-09-2017 2/2 been granted regular bail by a co-ordinate Bench of this Court. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manish Kumar, Judicial Magistrate, 1st class, Patna in connection with Shashtri Nagar P.S. case No.403 of 2017.

(Sudhir Singh, J) Narendra/- U T