Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23293 of 2024 Arising Out of PS. Case No.-891 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Abhishek Kumar son of Lalan Sahni Vill- Madahul, Ps- Maniyari DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Muzaffarpur Sadar P.S. Case No. 891 of 2023 instituted for the offence under Section 395 of the Indian Penal Code. 3.

As per the prosecution case, 7-8 unknown miscreants looted Rs. 2 lakhs from the gas godown. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-11-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.23293 of 2024(3) dt.10-04-2024 2/2 case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of his confessional statement of coaccused, namely, Randhir Kumar and the same has no evidentiary value. Nothing has been recovered from the possession of the petitioner. Other co-accused has been granted bail by this Court, vide orders dated 03-04-2024 & 18-03-2024, passed in Cr. Misc. No. 24653 of 2024 & Cr. Misc. No. 19632 of 2024, respectively.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Muzaffarpur Sadar P.S. Case No. 891 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T