Abhinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51200 of 2024 Arising Out of PS. Case No.-157 Year-2024 Thana- BARHARA District- Bhojpur ====================================================== Abhinay Kumar Son of Late Anil Kumar Resident of Vill- Maane, P.S.- Ekma, District- Saran And on the basis of aadhar card Abhinay Kumar S/O Anil Kumar Resident of Hardhan Basu Lane P.S.- Bhagwanpur Bazar Chhapra Saran. Presently Residing at Sai Shanti Apartment R.P.S. Colony P.S. Rupaspur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Sinha, Adv.

For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barahara P.S. Case No. 157 of 2024 dated 08.04.2024 registered for the offences punishable u/ss 420, 467, 468, 471, 384 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, on secret information, one person in the police uniform and two persons in civil dress are checking the sand related chalan from the truck's driver at Kolharampur petrol pump then the informant along with others proceeded for verification and taking action in this regard.

Patna High Court CR. MISC. No.51200 of 2024(2) dt.12-08-2024 2/3 When the informant reached near Kolharampur petrol pump, he saw that one person in Bihar police officer's uniform was checking the paper of the truck. On seeing the police party, two persons in civil dress managed to escape from there and on being asked by the informant, the person in police uniform disclosed his name as Abhinay Kumar (petitioner) who subsequently disclosed that he is Sub Inspector in CBI. On search, Rs. 1700/-, Aadhar Card, vehicle's ownerbook, PAN card and two mobile were recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has no concern with the alleged offence. The charge-sheet has been submitted against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner who being fake S.I. were collecting money from the truck loaded with sand.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond

Patna High Court CR. MISC. No.51200 of 2024(2) dt.12-08-2024 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Barahara P.S. Case No. 157 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T