Abhishek Kumar Singh @ Abhishek Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38707 of 2024 Arising Out of PS. Case No.-341 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== Abhishek Kumar Singh @ Abhishek Singh, aged about 36 years, Male Son of Sri Umesh Singh, Resident of Village - Agrail Dih, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sagar Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sakra P.S. Case No. 341 of 2023 instituted for the offences punishable under Section 397 of the Indian Penal Code and Section 27 of the Arms Act, 1959.
3. As per the prosecution case, accused persons snatched Apache motorcycle and purse of the informant and fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to police mechanism and
Patna High Court CR. MISC. No.38707 of 2024(2) dt.22-05-2024 2/3 maneuvering. He further submits that petitioner is not named in the FIR. Neither there is any recovery from his conscious possession or constructive possession nor he has put on Test Identification Parade. He has been made accused only on the basis of confessional statement of co-accused Ritik Raushan @ Bajrangi @ Ravan. Petitioner is in custody since 07.02.2024.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR and impugned order of the learned Additional District and Sessions Judge-VIII, Muzaffarpur dated 09.04.2024, it appears that petitioner is not named in the FIR and his name transpired in this case during the course of investigation. The name of the petitioner has been surfaced only on the basis of confessional statement of coaccused Ritik Raushan @ Bajrangi @ Ravan. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused person namely, Ritik Raushan @ Bajrangi @ Ravan has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 18336 of 2024 vide order dated 25.04.2024, accordingly the prayer for bail of the petitioner is allowed. 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 the learned
Patna High Court CR. MISC. No.38707 of 2024(2) dt.22-05-2024 3/3 Additional Sessions Judge-1st, Muzaffarpur in connection with Sakra P.S. Case No. 341 of 2023.
(Ramesh Chand Malviya, J) Anand Kr.
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