Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45341 of 2021 Arising Out of PS. Case No.-177 Year-2021 Thana- EKMA District- Saran ====================================================== Abhishek Kumar S/o Nagendra Ojha R/o village- Gamhariya, P.S.- Pachrukhi, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2022 Heard both parties through video conferencing. The petitioner seeks bail in Ekma P.S. Case No. 177 of 2021, registered for the offence punishable under Section 395 of the Indian Penal Code.

As per the FIR, 8-9 miscreants riding on 4-5 motorcycles on the point of pistol looted cash of Rs. 17,56,299/- from possession of the informant.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come on the basis of confessional statement of co-accused. It is alleged that the police recovered Rs. 40,000/- and two mobile phones from possession of this petitioner, which belongs to the petitioner. The same can not be said to be looted as it has not been put on Test Identification Parade or identified by this Informant.

Patna High Court CR. MISC. No.45341 of 2021(3) dt.29-01-2022 2/2 Petitioner is in custody since 25.05.2021. Investigation is complete.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Saran at Chapra in connection with Ekma P.S. Case No. 177 of 2021. (Prabhat Kumar Singh, J) vinita/- U T