Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22468 of 2025 Arising Out of PS. Case No.-128 Year-2024 Thana- SARAI District- Vaishali ====================================================== Abhishek Kumar S/o Raju Kumar Ray @ Raju Kumar @ Raju Ray R/o Village/Mohalla- Bishunpur, Bala Dhari Urf, Balwa Balwakuari, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sarai P.S. Case No. 128 of 2024 instituted for the offence under Sections 356, 379 & 34 of the Indian Penal Code. 3.

Prosecution case in a nutshell is that while the informant was on his way, two miscreants boarded on motorcycle have snatched his mobile phone and fled away. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-09-2024. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.22468 of 2025(2) dt.30-04-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused, namely, Vikky Kumar. No recovery is made from the possession of the petitioner. Petitioner was not even put on T.I. Parade. Charge-sheet in this case is submitted. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sarai P.S. Case No. 128 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.22468 of 2025(2) dt.30-04-2025 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T