Patna High CourtCR. MISC./55534/2024bail granted

Abhishek Kumar @ Aryan v. The State Of Bihar

2024-10-25Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55534 of 2024 Arising Out of PS. Case No.-614 Year-2023 Thana- KOTWALI District- Munger ====================================================== Abhishek Kumar @ Aryan son of Suresh Pd. Gupta Moh- Basdeopur psKotwali Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S.T. No. 162 of 2024 arising out of Kotwali P.S. Case No. 614 of 2023 registered for the offence under Sections 302/34/120B of the Indian Penal Code, under Section 27 of the Arms Act and later on Section 25(1-B)A, 26(i)(ii) and 35 of the Arms Act was also added.

3. As per the prosecution case, the petitioner and other accused persons are said to have killed the deceased.

4. It has been submitted by the learned counsel for the petitioner that one Shakti Kumar had previous enmity with the deceased and he has planned and killed the deceased. He further submits that the petitioner and another accused Rohit

Patna High Court CR. MISC. No.55534 of 2024(4) dt.25-10-2024 2/3 Kumar had accompanied Shakti Kumar and after the deceased was shot by Shakti Kumar, the weapon was thrown by Rohit Kumar.

5. It has also been argued by the learned counsel for the petitioner that the main accused Shakti Kumar has already been granted bail by this Court vide order dated 24.09.2024 passed in Cr. Misc. No. 40249 of 2024. He also submits that the petitioner is in custody since 1.1.2024 and has clean antecedent.

6. Considering the fact that the petitioner was part of the group which has killed the deceased but main accused Shakti Kumar has already been granted bail, who has previous enmity with the deceased, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Munger in connection with S.T. No. 162 of 2024 arising out of Kotwali P.S. Case No. 614 of 2023.

8. As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of the petitioner is directed to verify the criminal antecedent of the

Patna High Court CR. MISC. No.55534 of 2024(4) dt.25-10-2024 3/3 petitioner. If the Court below finds that the petitioner has no criminal antecedent, his bail bonds shall be accepted. If the Court below finds that the petitioner is involved in any other case, his bail bonds shall not be accepted.

9. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Munger Kotwali Police Station on every Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

10. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) Vikas/- U