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Patna High CourtCR. MISC./25764/2024allowed

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

2024-04-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25764 of 2024 Arising Out of PS. Case No.-263 Year-2021 Thana- TARAIYA District- Saran ====================================================== Abhishek Kumar @ Abhishek Kumar Paswan SON OF AMITABH BACHAN @ AMITABH BACHAN PASWAN RESIDENT OF VILLAGEMORDIHRI, PS- JAMHOR, DIST- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. As per prosecution case, four unknown miscreants came at the shop of the informant and looted cash of Rs. 15,000/- from the running counter and 40,000/- from saving counter and other materials.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused Vicky

Patna High Court CR. MISC. No.25764 of 2024(2) dt.04-04-2024 2/2 Kumar @Arav Srivastav before police. Neither the petitioner was put on TIP nor any incriminating article has been recovered from his conscious possession. Other co-accused Ujjaval Kumar has already been enlarged on bail by this Court vide order dt. 3.11.2023 passed in Cr. Misc. No. 68744 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 12.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Taraiya P.S. Case No. 263 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Gopalganj.

(Sunil Kumar Panwar, J) Amandeep/- U T