Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36650 of 2023 Arising Out of PS. Case No.-127 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== ABHISHEK KUMAR Son of Amarnath Sahni Resident of village - Balaha, P.s. - Lalganj, distt. - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Lalganj P.S. Case No. 127 of 2021 dated 1.4.2021 registered for the offence punishable u/s 394 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, the informant along with his son was intercepted by three unknown miscreants who looted gold, silver, Rs. 40,000/- and mobile etc. from them and on protest, one of the accused fired causing injury on his thigh

Patna High Court CR. MISC. No.36650 of 2023(2) dt.07-07-2023 2/3 and fled away.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner has sprung up on the confessional statement of coaccused Ramesh Rai. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 13.5.2022 passed in Cr. Misc. No. 72616 of 2021. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 11.8.2022.

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

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 Lalganj P.S. Case No. 127 of 2021.

Patna High Court CR. MISC. No.36650 of 2023(2) dt.07-07-2023 3/3 The application stands allowed.

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