Abhishek Kumar @ Abhishek Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19502 of 2025 Arising Out of PS. Case No.-92 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Abhishek Kumar @ Abhishek Pandit Son of Shri Munna Mishra VillageCheriya Bariyarpur Ward no.14, P.S- Cheriya Bariyarpur, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Smt. Sudha Ambastha, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner is in custody in a case registered for an offence punishable under Sections 399, 402, 353, 307 of the IPC and Sections 25(1-B)(a)/26,27,35 of the Arms Act and Sections 8, 20, (B),II B of the NDPS Act.
3. As per the prosecution case, police received secret information that some miscreants are making plan for committing dacoity after which the police conducted raid at the certain identified place and two accused persons were apprehended on the spot who disclosed the name of the other co-accused persons, who fled away from the spot after seeing the police party after opening fire. After investigation the police
Patna High Court CR. MISC. No.19502 of 2025(2) dt.16-04-2025 2/3 recovered two country made katta, three live cartridges, about 2 kg of ganja, and empty cartridge from the accused persons.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is in custody since 16.08.2024. She further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail petition. She further submits that petitioner was not arrested on the spot and name of the petitioner has been transpired on the basis of confessional statement of the coaccused person and no incriminating article has been recovered from the conscious possession of the petitioner. She next submits that similarly situated co-accused persons, namely, Prince Kumar and Karan Kumar have got regular bail from a coordinate Bench of this Court passed in Cr. Miscellaneous No.67103 of 2024 dated 01.10.2024 and Cr. Miscellaneous No.10842 of 2025 dated 14.02.2025, respectively.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and submission made on behalf of the learned counsel for the petitioner and also the fact that similarly situated co-accused persons have already granted bail by a co-ordinate
Patna High Court CR. MISC. No.19502 of 2025(2) dt.16-04-2025 3/3 Bench of this court, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, NDPS, Begusarai in connection with Cheriya Bariyarpur P.S. Case No.92 of 2024.
(Ramesh Chand Malviya, J) Harshita/- U T