Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32622 of 2016 Arising Out of PS.Case No. -204 Year- 2016 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Abhishek Kumar, son of Madan Mohan Prasad, resident of Harpur Colony, P.S.-Digha, District Patn at Present Adarsh Colony, P.S. Digha, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shatrughan Pandey For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2016 Learned counsel for the petitioner is permitted to make necessary correction in para 1 of the present application. Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 457, 380 and 411 of the Indian Penal Code. The prosecution story, in brief, is that one Ramji Singh in his written statement before the police has stated that his Bhabhi Kamla Singh wife of late Gauri Shankar Singh resides in flat no.11 of Kamla Apartment on 14.5.2016 at 11 O' clock after locking the house had gone to Delhi. It is further alleged by the informant that on 15.05.2016 at about 12.30 P.M. in the day he came to know that theft has been committed in the said flat after breaking lock. He informed the police who reached and found the

Patna High Court Cr.Misc. No.32622 of 2016 (3) dt.26-09-2016 2/2 articles of the house scattered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.05.2016.Charge sheet has been submitted in this case. The petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the FIR. The name of the petitioner has come in para 82 of the case diary.It has been suspected that the petitioner was involved in the alleged crime in respect to purchase of the stolen article. The allegation of committing theft is against co-accused, namely, Sakil Ansari.

On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Aditi Gupta, learned Judicial Magistrate 1st Class, Patna, in connection with Shastrinagar P.S.Case No. 204 of 2016. (Sudhir Singh, J) singh/- U T