Abhinandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40197 of 2020 Arising Out of PS. Case No.-143 Year-2020 Thana- PIPRA District- Supaul ====================================================== ABHINANDAN KUMAR Son of Sri Manoj Yadav Resident of Village - Jharkha, Ward No.- 12, P.S.- Pipra, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Pipra Police Station Case No. 143 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code. The allegation, as per the First Information Report, is that the informant was intercepted by three persons, riding on a motorcycle and they snatched a sum of Rs. 1,06,500/- and ATM card from the informant on gun-point, along with the ATM card, Adhar card and pan card of the wife of the informant. Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case on the basis of the confessional statement of co-accused Subhash Kumar. He further submits that the

Patna High Court CR. MISC. No.40197 of 2020(3) dt.23-03-2021 2/3 petitioner has not been put on Test Identification Parade. He next submits that the petitioner is in custody since 13.06.2020 and co-accused Anil Kumar Yadav, from whose possession the ATM card of the informant was recovered, has been granted bail by co-ordinate Bench of this Court, vide order, dated 05.02.2021, passed in Criminal Misc. No. 37762 of 2020. On the other hand, learned Additional Public Prosecutor submits that the ATM card of the wife of the informant was recovered from the possession of this petitioner and the ATM card of the informant was recovered from the possession of co-accused Anil Kumar Yadav.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 13.06.2020, having no criminal antecedent and similarly situated co-accused person has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioners, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Chief Judicial Magistrate, Supaul, in

Patna High Court CR. MISC. No.40197 of 2020(3) dt.23-03-2021 3/3 connection with Pipra Police Station Case No. 143 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √