Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41523 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- KANHAULI District- Sitamarhi ====================================================== Abhishek Kumar S/O Virendra Thakur R/O-At and P.O.-Araria, P.S. Kahanauli, Distt-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sitaram Prasad, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Learned learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kanhauli P.S. case No. 14 of 2024, instituted for the offences under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. Prosecution story, in short, is that, police, on the basis of secret information that some accused persons are planning to commit crime, raided the place of occurrence. Seeing the police, the accused persons started fleeing away but three accused persons including these petitioners were apprehended whereas rest accused persons succeeded in fleeing away. On search, a nepali dabia was recovered from petitioner no.1 whereas one knife was recovered from petitioner no.2.

4. Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.41523 of 2024(2) dt.21-06-2024 2/2 the petitioner has falsely been implicated in the present case due to village politics. No specific overt act is alleged against the petitioner and the allegation levelled against him is false and concocted. The petitioner is in custody since 05.02.2024 and has no criminal antecedent. It is further submitted that coaccused Akash Kumar and Ashish Kumar have been enlarged on bail vide order dated 18.04.2024 passed in Cr. Misc. No. 27954 of 2024 by this Court.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, charge-sheet already being submitted and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Kanhauli P.S. case No. 14 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U