Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30332 of 2024 Arising Out of PS. Case No.-209 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Abhishek Kumar Son of Umesh Prasad Singh @ Umesh Singh Resident of Village - Champapur Agrail, Police Station - Baligaon, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suruchi Anand For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Patepur P.S Case No. 209 of 2023 registered for the offences punishable under Sections 392 of the I.P.C.

3. As per prosecution case, three unknown person looted the informant on gunpoint.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 12.10.2022.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order it appears

Patna High Court CR. MISC. No.30332 of 2024(2) dt.24-04-2024 2/2 that petitioner is not named in FIR, no recovery from the conscious possession of the petitioner, no TIP conducted during investigation, and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Vaishali at Hajipur in connection with Patepur P.S Case No. 209 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T