Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54034 of 2021 Arising Out of PS. Case No.-58 Year-2021 Thana- MARANCHI District- Patna ====================================================== ABHISHEK KUMAR S/o Ashok Tanti R/o village- Nauranga Jalalpur, P.S.- Maranchi, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Advocate For the Opposite Party/s :
Md. Ataur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Maranchi P.S. Case No. 58/2021 registered for the offences punishable under Sections 379 and 461 of the Indian Penal Code 1860.
The prosecution case in brief is that on 6.6.2021 at about 7:00 AM in the morning when the informant opened his shop he found many articles along with cash were stolen from his shop. The petitioner was identified in CCTV footage along with co-accused Nitish Kumar.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.54034 of 2021(2) dt.13-05-2022 2/3 petitioner has got no criminal antecedent and he has not committed any offence in the manner alleged. He further submits that a sum of Rs.11,000/- and odd was recovered from the house of the petitioner and it has been alleged that the same is looted money. He next submits that from perusal of the seizure list it would be evident that the procedure prescribed under Section 100 Cr. P.C. was not followed and signature of independent witnesses were not taken at the time of seizure. The petitioner is in custody since 11.6.2021 and charge sheet has already been submitted.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that petitioner has got no criminal antecedent, he is in custody since 11.6.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like
Patna High Court CR. MISC. No.54034 of 2021(2) dt.13-05-2022 3/3 amount each to the satisfaction of Shri Ranjan Deo, learned Judicial Magistrate, 1st Class, Barh, Distt. Patna, in connection with Maranchi P.S. Case No. 58/2021. (Anil Kumar Sinha, J) S.Ali/- U T