Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52281 of 2025 Arising Out of PS. Case No.-80 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Abhishek Kumar S/o Nagendra Singh R/o Village- Khilvat, P.S.- Bidupur, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Samastipur Muffasil P.S. Case No. 80/2024 dated 29.02.2024 registered for the offence punishable u/s 395 of the Indian Penal Code and Section 25(1B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, 7-8 unknown miscreants are alleged to have entered the Reliance Jewels Showroom situated at Mohanpur Road, Samastipur and looted gold and diamond ornaments, Rs. 1,41,366/- cash from the counter and Rs. 6 lacs from the customers on the point of pistol. Further, the miscreants broke the counter with the arms carried
Patna High Court CR. MISC. No.52281 of 2025(2) dt.01-11-2025 2/3 by them and a country-made pistol, a magazine, three cartridges and a blue color bag were seized from the place of occurrence.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R., The name of the petitioner has sprung up in this case on the confessional statement of the co-accused persons, Biru Paswan, Gagan Raj and Rahul Kumar @ Kala Nag. No. T.I.P. has been conducted by the prosecution. The petitioner has nine criminal antecedents in which he is on bail in all cases as stated in para 3 of the bail petition. The petitioner is in custody since 24.12.2024. The co-accused person has already been granted regular bail by this Court vide order dated 13.05.2025 passed in Cr. Misc. No. 27440 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. 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
Patna High Court CR. MISC. No.52281 of 2025(2) dt.01-11-2025 3/3 concerned, Samastipur in connection with Samastipur Muffasil P.S. Case No. 80/2024, with a condition:- (i) 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 bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T