Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29462 of 2024 Arising Out of PS. Case No.-59 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== Abhishek Kumar son of Umesh Prasad Singh @ Umesh Singh VillageChampapur Agrail Ps- Baligaon Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nidhi Anand, Advocate :

Ms.Suruchi Anand, Advocate :

Mr.Balwant Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Baligaon P.S. case No. 59 of 2023 instituted for the offences under Sections 457, 380 of the Indian Penal Code.

3. Prosecution case, in short, is that some unknown miscreants have stolen gold and silver ornaments along with cash amounting to rupees one lakh five thousand from the house of the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.29462 of 2024(2) dt.30-04-2024 2/2 transpired in this case on the basis of confessional statement of the co-accused Raushan @ Bajrangi @ Ravan. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. Learned counsel further submitted that petitioner has got no concern with the stolen articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.01.2024 and has three criminal antecedents.

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

6. Considering the aforesaid facts and circumstances of the case, charge-sheet already being submitted as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, 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 Baligaon P.S. case No. 59 of 2023. (Rudra Prakash Mishra, J) Alok Verma/- U T