Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38176 of 2024 Arising Out of PS. Case No.-149 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Abhishek Kumar Son of Umesh Singh Resident of Village- Champapur Agrrail, P.S- Baligon, Dist- Vaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mrs.Nidhi Anand, Advocate Mrs. Suruchi Anand, Advocate For the Opposite Party :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Patepur P.S. Case No. 149/2023 dated 14.06.2023 registered for the offence punishable u/s 392 of the Indian Penal Code.

3. As per the prosecution case, three unknown miscreants boarded on a motorcycle are alleged to have intercepted the informant's motorcycle and looted Rs. 1,08,710/- from the dickey of the said motorcycle on the point of pistol.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of

Patna High Court CR. MISC. No.38176 of 2024(4) dt.13-08-2024 2/2 the petitioner has sprung up in the self-confessional statement. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has five criminal antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 10.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Patepur P.S. Case No. 149/2023, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T