Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48229 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Abhishek Kumar, Son Of Shri Pramod Kumar Singh, Resident Of VillageMalhani, Ward No 3, P.S And Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with S.T. No. 228 of 2023, arising out of Supaul P.S. Case No. 192 of 2023 dated 15.03.2023 registered for the offence(s) punishable under Section(s) 398 of the Indian Penal Code and sections 25(1-b)a, 26, 35 of the Arms Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of only one live cartridge from the possession of this petitioner, except this no any other incriminating material was recovered from his possession and he has fair and clean antecedent and has been languishing in jail since 15.03.2023 and against him the investigation has been completed. Further submission is that the petitioner was not put on test

Patna High Court CR. MISC. No.48229 of 2023(2) dt.03-08-2023 2/2 identification parade in respect of the commission of the alleged offence of attempt of loot despite the concerned tempo driver having claimed to be able to identify the accused persons. Further submissions are that the petitioner is a very young person and against him the investigation has been completed and he is a student and he just passed Intermediate Examination.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly petitioner's young age and completion of investigation against him and also his custody period and the nature of allegation, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with S.T. No. 228 of 2023, arising out of Supaul P.S. Case No. 192 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T