Abhishek Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31194 of 2025 Arising Out of PS. Case No.-333 Year-2024 Thana- KARAHGAR District- Rohtas ====================================================== Abhishek Pathak S/o- Shioshankar Pathak @ Shiv Shankar Pathak R/o Village-Bhaluni, P.S-Kargahar, District-Rohtas, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 308(5), 309(5), 351(2) AND 3(5) of the B.N.S. and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that the informant was sitting at his shop then one Ankit Rai demanded Rs. 1,00,000/- as extortion from him thereafter, the informant raised objection and snatched the pistol from him with the help of another shopkeeper but co-accused Ankit Rai fled away with this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.31194 of 2025(2) dt.20-05-2025 2/2 falsely been implicated in this case. Learned counsel for the petitioner has submitted that the main thrust of allegation is against Ankit Rai. The only allegation against this petitioner is that Ankit fled away with this petitioner. There is no allegation of any overt act against this petitioner. Learned counsel for the petitioner has also submitted that Ankit Rai has already been granted bail by trial court itself. Moreover, the petitioner is languishing in judicial custody since 17.11.2024.

5. Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that petitioner has got two criminal antecedents.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kargahar P.S. Case No. 333 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas, Sasaram. (Ashok Kumar Pandey, J) Shubham/- U T