Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28040 of 2023 Arising Out of PS. Case No.-543 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== ABHISHEK KUMAR S/O RAM INAR SINGH @ RAMMINAT SINGH R/O Village- Salempur, P.S- Chandi, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Pandey For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 399, 402, 467, 468, 471, 414, 120(B) of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. The informant alleges that one Golu Kumar was arrested with one country made pistol along with one live cartridge and one Apache and one Splendor motorcycle was also seized from the premises of Bramhsthan at Udwantnagar.

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a young boy.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that he was not even present at the place of occurrence and he came to be implicated based on confessional statement of Golu in

Patna High Court CR. MISC. No.28040 of 2023(2) dt.25-07-2023 2/2 police custody which does not have any evidentiary value, when, admittedly, petitioner is a person with clean antecedent and is a young boy aged about 20 years. It is next submitted that in the event if the petitioner is sent to judicial custody in the nature of implication then his entire career would be jeopardized and chances are bright that he may come in contact with hardened criminals.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Udwantnagar P.S. Case No. 543 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. One of the bailor of the petitioner shall be his father Ram Inar Singh alias Ramminat Singh.

(Satyavrat Verma, J) HarshPandey/- U T