Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23657 of 2023 Arising Out of PS. Case No.-382 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== ABHISHEK KUMAR Son Of Shri Amrendra Kumar, R/O VillageParsharma, Ward No.6, P.S.- Raghopur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Raghopur P.S. Case No. 382 of 2022, dated 07.10.2022 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that the petitioner is not named in the FIR and his name transpired in the confessional statement of co-accused Dharmendra Kumar, who revealed the name of this petitioner as having purchased stolen fastrack watch by giving consideration amount of Rs. 200/- but except this there is no any other material to connect the petitioner to the alleged crime of theft and moreover the said recovered stolen watch was not put on

Patna High Court CR. MISC. No.23657 of 2023(2) dt.23-05-2023 2/2 test identification parade so there is no material to establish the said watch being stolen one and during investigation no witness claimed to have seen this petitioner committing the offence in question and the petitioner has been languishing in jail since 10.01.2023 and he is a good student and he cleared Industrial Training Institute Competitive Admission Test, 2022 and is studying in Electrician Course in I.T.I., Supaul and against him, the investigation has been completed.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly petitioner's young age and his custody period as well as completion of investigation against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Raghopur P.S. Case No. 382 of 2022.

(Shailendra Singh, J.) maynaz/- U T