Abhishek Kumar @ Jaimer v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45718 of 2022 Arising Out of PS. Case No.-464 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== ABHISHEK KUMAR @ JAIMER SON OF LATE PRAMOD KUMAR R/O FLAT NO.- 138, C.D.A. COLONY, P.S.- SHASTRI NAGAR, DISTRICTPATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-12-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as learned APP for the State.
At the very outset, the learned counsel for the petitioner has submitted that in the prayer portion of the petition, in place of the phrase "Additional Chief Judicial Magistrate-IV, Patna", it has mistakenly been typed as "Additional District & Sessions Judge XI, Patna". Let it be rectified today itself.
In this case, the petitioner is seeking regular bail in connection with Shastri Nagar P.S. Case No. 464 of 2021,
Patna High Court CR. MISC. No.45718 of 2022(2) dt.14-12-2022 2/3 registered for the offences punishable under Sections 379 and 411 of Indian Penal Code.
As per allegation, some unknown thieves stolen away the laptop and mobile phones from the house of the informant.
The learned counsel for the petitioner has submitted that the petitioner is innocent and he is under custody for a period of more than a year.
Considering the facts and circumstances as well as the period of incarceration, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- IV, Patna in connection with Shastri Nagar P.S. Case No. 464 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial.
(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in
Patna High Court CR. MISC. No.45718 of 2022(2) dt.14-12-2022 3/3 accordance with law.
(iii) The petitioner shall appear before the Court on each and every date unless prevented by any unavoidable circumstances.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) kundan/-Mahesh U T