Abhishek Kumar Jha @ Abhishek Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32971 of 2022 Arising Out of PS. Case No.-713 Year-2021 Thana- SUPAUL District- Supaul ====================================================== ABHISHEK KUMAR JHA @ ABHISHEK JHA S/o Ratan Jha R/o villageDhenga Balua Ward No. 3, P.S.- Nauhatta, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Patla Kumari, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Supaul PS case no. 713 of 2020 instituted for the offences punishable under Section 394 of the Indian Penal Code.

The allegation is regarding unknown miscreants having entered the office of Flipkart, situated at Gauravgarh, Supaul, whereafter they had committed robbery and had taken away 29 mobile phones and cash amount of Rs. 11,93,268/-.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in

Patna High Court CR. MISC. No.32971 of 2022(4) dt.23-01-2023 2/3 the present case, he is having a clean antecedent and is languishing in custody since 01.02.2022. The learned counsel for the petitioner has further submitted that the name of the petitioner has transpired in the present case upon confessional statement made by co-accused person namely Ajay Singh @ Banti Singh, who has already been granted bail by a co-ordinate Bench of this Court vide order dated 12.10.2022, passed in Cr. Misc. no. 40442 of 2022. It is also submitted that some other co-accused persons have also been granted bail by co-ordinate Benches of this Court.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused persons who have already been granted bail by co-ordinate Benches of this Court, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of

Patna High Court CR. MISC. No.32971 of 2022(4) dt.23-01-2023 3/3 Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Supaul in connection with Supaul PS case no. 713 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T