Abhishek Kumar @ Bojha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55199 of 2023 Arising Out of PS. Case No.-139 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== Abhishek Kumar @ Bojha S/O Ram Pravesh Ray @ Sadhu Ray Resident Of Village-Kajari Bujurg, P.S.-jandaha, District-Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2023 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.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Jandaha P.S. Case No. 139 of 2022 dated 10.05.2022 registered for the offences punishable u/s 394 of the Indian Penal Code.
4. As per the prosecution case, four unknown miscreants are alleged to have entered the office of the informant forcefully and looted Rs. 6050/- in cash, golden locket, mobile phone and other articles. They also broke the
Patna High Court CR. MISC. No.55199 of 2023(2) dt.01-09-2023 2/3 laptop and mobile phone and fled away.
5. 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 petitioner was disclosed by an unknown spy. No TIP has been conducted by the prosecution. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by the coordinate bench of this court vide order dated 03.05.2023 passed in Cr. Misc. No. 10076 of 2023. The petitioner has six other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 08.09.2022.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, 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, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 139 of 2022, with the following condition/s:- (i). The petitioner is directed to remain physically
Patna High Court CR. MISC. No.55199 of 2023(2) dt.01-09-2023 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T