Abhishek Kumar @ Bhakku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52477 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Abhishek Kumar @ Bhakku S/o Manoj Ray R/o village - Kishanpura, P.S.- Vaishali, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The accused/petitioner seeks bail in connection with Sadar P.S. Case No. 33 of 2025 registered for the offences under Sections 310(3) and 317(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.') and Section 27 of the Arms Act.

3. The accused/petitioner is named in the First Information Report and is in custody since 10.02.2025.

4. As per FIR, some unknown miscreants looted cash and office articles etc. from the office of brother of the informant, who was shot dead by miscreants during the occurrence.

Patna High Court CR. MISC. No.52477 of 2025(2) dt.17-09-2025 2/3

5. It is submitted by learned counsel appearing on behalf of the petitioner that name of petitioner transpired through confessional statement of apprehended co-accused persons namely Raja Mahto and Sandeep Kumar Jha. It is submitted that in furtherance of confessional statement, nothing incriminating surfaced/recovered during investigation which may suggest the involvement of petitioner with the present crime in question.

6. It is pointed out by learned counsel that similarly situated co-accused namely, Mohit @ Jai Prakash Kumar has already been granted bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 35226 of 2025 dated 04.09.2025.

7. It is submitted that petitioner was not put on TIP as yet and, moreover, investigation of this case is already completed, and as such there is no chance of tampering with the evidence. Petitioner claims to be a man of clean antecedent.

8. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.52477 of 2025(2) dt.17-09-2025 3/3

9. In view of aforesaid factual submission and by taking note of the fact as except suspicion arising out of confessional statement of apprehended co-accused persons, prima facie nothing appears incriminating during investigation against the petitioner as to connect him prima facie with the present occurrence of dacoity and murder, coupled with the fact that petitioner remains in custody since 10.02.2025, where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-5, Muzaffarpur/concerned court, in connection with Sadar P.S. Case No. 33 of 2025, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J.) S.Tripathi/- U T