Abhishek Kumar @ Bhavesh Kumar @ Bhavesh @ Abhishe Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44227 of 2022 Arising Out of PS. Case No.-206 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== Abhishek Kumar @ Bhavesh Kumar @ Bhavesh @ Abhishe Kumar, S/o Vijendra Yadav, R/o village- Moura Kaviyahi, Ward No. 12, P.S.- Shankarpur, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

In the present case, the petitioner seeks bail in connection with Triveniganj P.S. Case No. 206 of 2021, registered for the alleged offences under Section 392 of the Indian Penal Code.

As per prosecution case, unknown miscreants robbed the informant of Rs.60,000-65,000/- which the informant had collected on behalf of his employer from different shopkeepers. The name of the petitioner transpired as one of the accused persons during investigation.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case on the basis of

Patna High Court CR. MISC. No.44227 of 2022(2) dt.18-11-2022 2/3 confessional statement of co-accused Bandhan Kumar and Muna Yadav. Nothing incriminating has been recovered from the person/possession of this petitioner. No Test Identification Parade has been conducted for identification. The petitioner is in custody since 16.09.2021. The charge sheet has been submitted in this case.

Learned APP opposes the prayer for bail submitting that the petitioner is a habitual offender and is accused in a number of cases of similar nature.

Having regard to the facts and circumstances and submissions made here-in-above and considering the period of custody of the petitioner along with submission of charge sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Supaul, in connection with Triveniganj P.S. Case No. 206 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not

Patna High Court CR. MISC. No.44227 of 2022(2) dt.18-11-2022 3/3 already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T