Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34406 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Abhishek Kumar Son of Sri Nitesh Kumar Resident of Chakkaji Nizam, P.S.- Mahua, District- Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr.Krishna Kant Singh, Advocate For the State :

Mr.Mohammad Sufyan, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 395/397 of the Indian Penal Code.

Prosecution's case is that five miscreants committed bank robbery and took away gold kept in the strong room of the bank, two lacs cash and mobile phones with them. A part of the stolen property has been recovered from the petitioner's house. Learned counsel for the petitioner submits that the FIR is against unknown and petitioner's name has come in the case on the confessional statements of co-accused Subhash Kumar Jha and Alok Kumar and during investigation, except the aforesaid recovery, no other evidence regrading entering into the bank premises and committing the robbery, has come against the

Patna High Court CR. MISC. No.34406 of 2019(5) dt.16-10-2019 2/2 petitioner. Petitioner also disputes the seizure and submits that he is an student and has falsely been implicated in this case. He is in custody since 11.2.2019.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released 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 Chief Judicial Magistrate, Muzaffarpur in Sadar Police Station Case No. 100 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T