Abhishek Kumar @ Bojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56121 of 2023 Arising Out of PS. Case No.-470 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Abhishek Kumar @ Bojha Son Of Ram Pravesh Ray @ Sadhu Ray VillageKajari Bujurg Ps- Jandaha Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 396 of the Indian Penal Code.

As per prosecution case, 6 unknown miscreants are alleged to have committed loot of one kg silver ornament and 500 gram golden ornament in the jewellery shop of the informant on the pistol point after assaulting the informant's husband.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner is

Patna High Court CR. MISC. No.56121 of 2023(2) dt.31-08-2023 2/2 named in the FIR nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 19.04.2023 passed in Cr. Misc. No. 495 of 2023. Moreover, the petitioner is languishing in judicial custody since 08.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Vaishali at Hajipur Town P.S. Case No. 470 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Concerned Court. (Sunil Kumar Panwar, J) manishkumar/- U T