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Patna High CourtCR. MISC./30343/2023allowed

Abhishek Kumar v. The State Of Bihar

2023-06-12Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30343 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- BARH District- Patna ====================================================== Abhishek Kumar, Son Of Pramod Kumar Singh, R/o-Sahari, P.S.-Barh, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Barh P.S. Case No. 58 of 2023 registered for the offence punishable under Section 395 of the Indian Penal Code. As per prosecution case, about 10 to 12 unknown miscreants came with pistol at Neemchak, Barh, four-lane site where bridge work was going on and looted several articles at the gun point and also assaulted with butt of pistol causing injury to two persons.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and on the basis of confessional statement of co-accused persons Amarjeet Kumar and Pratap Kumar, he has been implicated in this case due to

Patna High Court CR. MISC. No.30343 of 2023(2) dt.12-06-2023 2/2 village politics. No incriminating articles have been recovered from the person or possession of the petitioner. No T.I.P. has been held for identification of the accused and the petitioner is in jail custody since 11.02.2023. The petitioner has three criminal antecedent in which he is on bail.

Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, Patna in connection with Barh P.S. Case No. 58 of 2023. (Sunil Dutta Mishra, J) khushbu/- U T