Abhishek Kumar @ Bhawesh @ Bhawesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48890 of 2022 Arising Out of PS. Case No.-165 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== ABHISHEK KUMAR @ BHAWESH @ BHAWESH KUMAR S/o Bijendra Yadav @ Vijendra Yadav R/o village- Kabiyahi, P.S.- Shankarpur, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State through video-conferencing. The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants boarded on a motorcycle robbed Rs. 3,64,000/- from the informant and also assaulted him with their pistol's butt and they also looted the other friends of the informant. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the

Patna High Court CR. MISC. No.48890 of 2022(2) dt.09-12-2022 2/2 petitioner has sprung up in the confessional statement of the coaccused Ranveer Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in seven other criminal cases as stated in para 3 of the bail petition which are of similar nature. The petitioner is in custody since 25.08.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Singheshwar P.S. Case No. 165 of 2021, with a condition:-

1) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

The application stands allowed.

(Chandra Prakash Singh, J) atul/ayush/- U T