Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39602 of 2023 Arising Out of PS. Case No.-454 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== ABHISHEK KUMAR, son of Akhilesh Sah, Village- Shivganj Narkatiaganj Ps- Shikarpur Dist- W. Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2023 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 Ramnagar P.S. Case No. 454 of 2022 dated 20.09.2022 registered for the offences punishable u/s 392 of the Indian Penal Code.

As per the prosecution case, the informant along with his brother was going to Narkatiyaganj Railway Station from his house. While they arrived near Diuliya Mor near Chamua High School, three miscreants stopped them in the way and looted their mobile phones, ATM cards, Jewellery and cash from their possession by pointing pistol and showing knife.

Patna High Court CR. MISC. No.39602 of 2023(2) dt.12-07-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused Anirudh Kumar who has already been granted bail by the Coordinate Bench of this court vide order dated 22.03.2023 passed in Cr. Misc. No. 67463 of 2022. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.02.2023.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 454 of 2022.

The application stands allowed.

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