Abhinav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35423 of 2020 Arising Out of PS. Case No.-233 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== ABHINAV KUMAR S/o Shankar Choudhary R/o Village- Neema, P.S.- Neema Chandpur, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar Mr. Ashok Kumar, Advocates.

For the Opposite Party/s :

Mr. Rejendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2020 Heard Mr. Yogesh Kumar, learned counsel for the petitioner and Mr. Rejendra Singh, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Begusarai Mufassil PS Case No. 233/2020 registered for the offence punishable under Sections 413, 414, 34 of the IPC.

3. The allegation, as per First Information Report, is that the petitioner along with one another co-accused, namely, Guddu Kumar parked the motorcycle and they tried to break the lock of betel shop of one Bhuttu Mian and seeing the informant, namely, Raushan Kumar and others, the accused persons tried to flee away but Guddu Kumar was arrested along with motorcycle and petitioner succeeded in fleeing away. It is further alleged that the motorcycle, in question, was stolen from the house of

Patna High Court CR. MISC. No.35423 of 2020(2) dt.23-12-2020 2/3 one Ram Babu Kumar. The petitioner was subsequently, arrested from near his house.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with an oblique motive and he has got no criminal antecedents. Learned counsel further submits that confessional statement of the petitioner was recorded before the police along with coaccused, Guddu Kumar. Learned counsel next submits that the stolen motorcycle was not recovered from the possession of the petitioner and the same was recovered from the possession of co-accused, Guddu Kumar.

5. It is also submitted on behalf of the petitioner that the co-accused, Guddu Kumar has been granted bail by this Court in Cr. Misc. No. 25895/2020 and petitioner is in custody since 14.05.2020.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the similarly situated co-accused person has already been granted bail by this Court and petitioner is in custody since 14.05.2020 having no criminal antecedents, I am inclined to grant regular bail to the petitioner.

7. Accordingly, let the petitioner, ABHINAV

Patna High Court CR. MISC. No.35423 of 2020(2) dt.23-12-2020 3/3 KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Mufassil PS Case No. 233/2020.

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) perwez U T