Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 16277 of 2020 Arising Out of PS. Case No.-6 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Abhishek Kumar, aged about 20 years, Male, Son of Bidyasagar Singh, Resident of Village-Laldiyara, P.S.-Pipariya, District-Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-10-2021 Heard Mr. Rajesh Kumar, learned counsel appearing on behalf of the petitioner and Mr. Nand Kumar, learned counsel appearing on behalf of the State.

The petitioner apprehends arrest in connection with Lakhisarai PS Case No. 06/2020 registered for offence punishable under Sections 398, 307 of the Indian Penal Code and Section 27 of the Arms Act.

As per the allegation in the FIR, two accused persons entered into the shop of the informant for commuting robbery. It is stated that while escaping one of them fired. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.16277 of 2020(2) dt.26-10-2021 2/3 that the FIR was registered against two unknown persons. It is also submitted by learned counsel for the petitioner that on the basis of suspicion one person namely Pinku Kumar has been arrested and he has confessed the name of the petitioner. It is submitted that besides the statement of co-accused Pinku Kumar, the petitioner name has been transpired. It has been stated that no any incriminating articles has been recovered from the possession of the petitioner and has been falsely implicated due to village politics.

Learned APP opposes the prayer for bail.

On perusal of the FIR, it appears that no incriminating articles has been recovered from the petitioner. It has been stated that the petitioner has clean antecedent. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released in the event of arrest or surrender before the Court below within four weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai PS Case No. 06 of 2020, subject

Patna High Court CR. MISC. No.16277 of 2020(2) dt.26-10-2021 3/3 to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Purnendu Singh, J.) Anand Kr.

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