Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42013 of 2024 Arising Out of PS. Case No.-761 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Abhishek Kumar S/O Late Nitesh Kumar R/O village Chak Kaji Nijam P.S. Mahua District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

The prosecution case in nutshell is that three miscreants robbed in the shop of the informant on pistol point and while committing so, they took away Rs. 3040 thousands. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.42013 of 2024(2) dt.20-06-2024 2/3 falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The recovered motorcycle, cash and mobile phone are claimed by the petitioner as it belongs to him. The name of petitioner sprang up in this case on confessional statement of co-accused Vivek Kumar. It is further submitted that charge has already been framed in this case. Moreover, the petitioner is languishing in judicial custody since 30.11.2023. Similarly situated coaccused person, namely, Vivek Kumar has already been granted bail vide order dated 14.03.2024, passed in CR. Misc. No. 17346 of 2024 by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.42013 of 2024(2) dt.20-06-2024 3/3 The above named petitioner is directed to be enlarged on bail in connection with Mahua P.S. Case No. 761 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IV, Vaishali, Hajipur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T