Abhishek Singh @ Abhishek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24628 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- KHAIRA District- Saran ====================================================== Abhishek Singh @ Abhishek Kumar Singh Son of Yugalkishor Singh R/o Village- Sadha Newaji Tola, P.S. Muffasil, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with "Khaira" (Nagara O.P) P.S Case No.

5123046240023 of 2024 (23/2024 as per imp order) registered for the offences punishable under Sections 392 and 412 of the I.P.C.

3. As per prosecution case, Four persons looted Rs. 6,000/-, a locket of Hanuman Ji, Passion Pro Motorcycle from the informant and approx Rs. 5,000/-, a mobile from the brother of the informant.

4. Learned counsel for the petitioner submits

Patna High Court CR. MISC. No.24628 of 2024(2) dt.05-04-2024 2/3 that petitioner has falsely been implicated in this case. It is further submitted that name of the petitioner surfaced from the confessional statement of the co-accused. No recovery from the possession of the petitioner. No Test Identification Parade has been held by the Investigation Officer during investigation. It is also submitted that petitioner is in judicial custody since 27.01.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Judicial Magistrate 1st class, Saran at Chapra in connection with "Khaira" (Nagara O.P) P.S Case No. 5123046240023 of 2024 (23/2024 as per imp order).

Patna High Court CR. MISC. No.24628 of 2024(2) dt.05-04-2024 3/3

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T