Abhimanyu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47909 of 2023 Arising Out of PS. Case No.-451 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== Abhimanyu Kumar Son Of Nagina Mahto Resident Of Village - Ghataro Tola Par, P.S. - Kartaha, Distt. - Vaishali At Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392 of the Indian Penal Code.

As per prosecution case, informant alleged that while he was returning by pick-up van bearing Reg. No. BR31CA-4573 with driver after distributing the gas cylinder, he was intercepted by three unknown miscreants boarded on a motorcycle and snatched cash of Rs. 45,000/- and two mobiles on pistol point and fled away.

Patna High Court CR. MISC. No.47909 of 2023(2) dt.04-08-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 16.12.2022 passed in Cr. Misc. No. 53880 of 2022. Moreover, the petitioner is languishing in judicial custody since 16.06.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Lalganj P.S. Case No. 451 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-III-

Patna High Court CR. MISC. No.47909 of 2023(2) dt.04-08-2023 3/3 cum-ACJM-II, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Manishkumar/- U T