Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26649 of 2025 Arising Out of PS. Case No.-153 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Abhishek Kumar S/o Ravindra Kumar Mishra R/o Mohalla- B.B Ganj, Gandhi Nagar road no 3, PS- Brahampura, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-07-2025 Heard Mr.Santosh Kumar, learned counsel for the petitioner and Mr.Md. Mushtaque Alam, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Sahebganj P.S. Case No.153 of 2024, dated 30.03.2024 registered for the offences punishable under Sections 364 and 365/34 of IPC.

3. According to prosecution case, all the accused persons have kidnapped the son of the informant for ransom.

4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused persons,

Patna High Court CR. MISC. No.26649 of 2025(3) dt.09-07-2025 2/3 namely, Sant Kumar Singh and Adarsh Kumar and except the aforesaid, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and apart from that, the statement of the victim was recorded under Section 164 Cr.P.C./Section 183 of BNSS, 2023 in which he has not stated anything about the petitioner.

5. Learned A.P.P. for the State, on the other hand, on the basis of the material available on the record and the case diary, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that initially the name of the petitioner has been transpired on the basis of the confessional statement of co-accused person, Sant Kumar Singh and later on one co-accused persons, namely, Adarsh Kumar has been apprehended he has confessed the guilt in the present occurrence, apart from that, he has also confessed that the petitioner is driver of the vehicle in question which suggests that the petitioner was actually participated in the present crime in question and apart from that, the petitioner carries three more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.

Patna High Court CR. MISC. No.26649 of 2025(3) dt.09-07-2025 3/3

6. Considering the aforesaid facts and the material available during investigation, I am not inclined to grant privilege of anticipatory bail to the petitioner in connection with Sahebganj P.S. Case No.153 of 2024 pending in the court of learned C.J.M., Muzaffarpur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T