Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29999 of 2020 Arising Out of PS. Case No.-74 Year-2020 Thana- PIRO District- Bhojpur ====================================================== ABHISHEK KUMAR Son of Manoj Kumar @ Manoj Kumar Singh Resident of Village - Rojhai Tola Jitaura, P.S.- Piro, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash Pandey For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody on his remand since 14.05.2020 in connection with PIRO P.S. Case No. 74/2020 registered for the offence punishable under Sections 392 of the Indian Penal Code.

As per the prosecution case, while the informant was returning from his shop on his bike, two unidentified criminal came from opposite side and dashed the bike of the informant and snatched his bike and other valuable items on the point of weapons.

Learned counsel for the petitioner submits that petitioner has not been named in the FIR and he has been roped

Patna High Court CR. MISC. No.29999 of 2020(3) dt.11-01-2021 2/3 in this case on the basis of confessional statement of co-accused Jitendra Kumar which has no evidentiary value. It is further submitted that no stolen article has been recovered from the possession of the petitioner and he has also not been put on T.I. Parade till date. Chargesheet has already been submitted in this case and the petitioner has been remanded in this case on 14.05.2020.

Considering the aforesaid facts and circumstances, the bail application of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned 5th Additional Chief Judicial Magistrate, Bhojpur at Ara, in connection with PIRO P.S. Case No. 74/2020 , subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2)If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.29999 of 2020(3) dt.11-01-2021 3/3 move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T