Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16958 of 2025 Arising Out of PS. Case No.-13 Year-2024 Thana- NEMDARGANJ District- Nawada ====================================================== Abhishek Kumar S/O Deonath Roy Village- Sakin Maricha, P.S.- Tajpur, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivnandan Bharti, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nemdarganj P.S. Case No. 13 of 2024 dated 10.01.2024 registered for the offences punishable u/ss 406, 420, 120(B), 379 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the co-accused persons are alleged to have stolen the truck of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up on mere suspicion. There is a delay of six days in lodging the FIR. Nothing has been recovered from the

Patna High Court CR. MISC. No.16958 of 2025(2) dt.15-05-2025 2/2 conscious possession of the petitioner. The co-accused person has already been granted regular bail by this court vide order dated 19.08.2024 passed in Cr. Misc. No. 53700/2024. The petitioner has five criminal antecedents which have been filed in the same year of 2024 as stated in para 3 of the bail petition. The petitioner is in custody since 09.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nemdarganj P.S. Case No. 13 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T