Abhishek Kumar @ Abhishek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20998 of 2023 Arising Out of PS. Case No.-306 Year-2022 Thana- KATRA District- Muzaffarpur ====================================================== ABHISHEK KUMAR @ ABHISHEK SINGH Son of Sanjay Kumar Singh @ Sanjay Singh R/V- Budh Nagra Deudhi, P.S- Nanpur, Dist- Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Katra P.S. Case No.- 306 of 2022 registered for the offences punishable under Sections 392 and 414 of the Indian Penal Code. He has got no criminal antecedent.

Learned counsel for the petitioner submits that on 13.08.2022 at around 08:30 PM when the daughter of the informant was returning home, on the way, petitioner along with two other accused on motorcycle surrounded her and on point of knife they snatched her mobile phone and fled away. When the informant's daughter raised alarm, people chased them and as a result, two accused were caught and the apprehended persons disclosed that the petitioner managed to escape with the looted

Patna High Court CR. MISC. No.20998 of 2023(2) dt.24-06-2023 2/3 mobile phone.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the name of the petitioner has been transpired from the confessional statement of the apprehended co-accused in police custody.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, wherein it is alleged that the name of the petitioner has been transpired from the confessional statement of the apprehended co-accused in police custody and the petitioner has otherwise no criminal antecedent, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named shall be released on bail in connection with Katra P.S. Case No.- 306 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and that the petitioner shall appear before the Investigating Officer of the case, join the investigation and cooperate in course of

Patna High Court CR. MISC. No.20998 of 2023(2) dt.24-06-2023 3/3 investigation.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.

(Rajeev Ranjan Prasad, J) tusharika/- U T