Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24250 of 2025 Arising Out of PS. Case No.-4 Year-2024 Thana- NEMDARGANJ District- Nawada ====================================================== Abhishek Kumar S/O Deonath Ray Village- Sakin Maricha, PS- Tajpur, Distt.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivnandan Bharti, Advocate For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Nemdarganj P.S. Case No. 04 of 2024 dated 06.01.2024 registered for the offences punishable u/s 406, 420 read with Section 34 of the Indian Penal Code.
3. Prosecution story in short is that one Kishor Kumar owned fourteen wheeler truck bearing registration no.- JH12H3787 and on 30.12.2023 he handed over it to Rahul Kumar @ Chhotu through Rajkumar Yadav for loading paddy. However, due to a strike, Rahul Kumar @ Chhotu instructed him to park his truck at the HP Petrol Pump in the village Badahori saying that loading was currently stopped due to strike. When his truck
Patna High Court CR. MISC. No.24250 of 2025(2) dt.24-06-2025 2/3 driver Ruplal Saw arrived at the petrol pump on 03.01.2024 to take the truck, he found that the truck was not there. On being asked about the truck, Rahul Kumar @ Chhotu switched off his mobile phone.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has surfaced in this case on the confessional statement of other co-accused persons namely, Krishnanandan Kumar and Ranjit Kumar. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused person has already been granted bail by the co-ordinate bench of this Court vide order dated 14.02.2025 passed in Cr. Misc. No. of 824 of 2025. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 19.02.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on
Patna High Court CR. MISC. No.24250 of 2025(2) dt.24-06-2025 3/3 furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, in connection with Nemdarganj P.S. Case No. 04 of 2024, with the conditions:
(i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. This application is allowed.
(Chandra Prakash Singh, J) Raj Ranjan/- U T