Abhinav Kumar @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24371 of 2022 Arising Out of PS. Case No.-92 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== ABHINAV KUMAR @ SONU Son of Arun Singh @ Arun Kumar Singh Resident of Village - Khetalpura, P.S.- Sare, District - Nalanda ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27023 of 2022 Arising Out of PS. Case No.-92 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== KUSH KUMAR @ CHHOTU Son of Anil Kumar @ Anil Kumar Singh Resident of Village - Karki, P.s.- Ariari, Distt.- Sheikhpura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 24371 of 2022) For the Petitioner/s :

Mr.Ajay Kumar Thakur, Adv.

Mr.Pravin Kumar For the State :

Mr.Sunil Kumar For the Informant Mr. Nawal Kishor Agrawal, Sr. Adv. (In CRIMINAL MISCELLANEOUS No. 27023 of 2022) For the Petitioner/s :

Mr. Vikramdeo Singh, Adv.

Mr.Pankaj Kumar For the State :

Mr.Dilip Kumar No. 1 For the Informant Mr. Nawal Kishor Agrawal, Sr. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

The petitioners seek bail in connection with Lakhisarai (Karaya) P.S. Case No. 92 of 2022 registered for the

Patna High Court CR. MISC. No.24371 of 2022(3) dt.27-09-2022 2/3 offences punishable under Sections 406, 420, 506, 34 of the Indian Penal Code.

As per prosecution case, some unknown persons entered into the house of the informant and told that they are Income Tax officials and thereafter they started searching his house. The accused persons took away Rs. Twenty lacs alongwith gold jwellery.

Learned counsel for the petitioners submits that petitioners are in custody since 04.02.2022. Petitioner Abhinav Kumar @ Sonu bears criminal antecedent of two cases and petitioner Kush Kumar @ Chhotu bears clean antecedent. He further submits that petitioners are not named in the FIR and during course of investigation, name of petitioner Abhinav Kumar @ Sonu has been surfaced in confessional statement of co-accused Chandan Kumar. He further submits that during course of investigation, petitioner Kush Kumar @ Chhotu has been arrested and made his confessional statement. He further submits that petitioners have falsely been implicated in this case on mere suspicion.

Learned counsel for the informant as well as learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioners submitting that Rs. 1,20,000/- has been recovered

Patna High Court CR. MISC. No.24371 of 2022(3) dt.27-09-2022 3/3 from possession of petitioner Kush Kumar @ Chhotu and Rs. 2,50,000/- has been recovered from possession of petitioner Abhinav Kumar @ Sonu.

Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner as well as material available on record, I am not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners is hereby rejected.

However, petitioners may renew prayer of bail after framing of charge.

(Alok Kumar Pandey, J) shahzad/- U T