Abhisekh Kshtri @ Abhishek Kshetri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8970 of 2017 Arising Out of PS.Case No. -639 Year- 2014 Thana -PURNEA SADAR District- PURNIA ======================================================

1. ABHISEKH KSHTRI @ ABHISHEK KSHETRI son of Krishna Bahadur Resident of Village Gandhi Basti Gulabbagh, P.S. Sadar, District Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-03-2017 Heard both sides.

The petitioner seeks bail in Sadar P.S. case No. 639 of 2014 under Section 386 and other Sections of the Indian Penal Code. Later on charge sheet was submitted under Sections 395 and 412 of the IPC.

The informant, owner of a coaching institute, alleged that Raja Kumar and Anand Kumar along with 3-4 persons came and asked the informant to get admission on payment of less amount than the fixed amount. On refusal, they looted away different articles including laptop, charger and mobile from his coaching institute.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.8970 of 2017 (4) dt.20-03-2017 2/2 petitioner is not named in the FIR. The name of the petitioner surfaced in the case in the confessional statement of co-accused Anil Kumar Sahni and in pursuance thereof house of the petitioner was searched and one laptop of IBM company and charger are said to have been recovered. It is submitted that neither the petitioner nor the recovered articles from the house of petitioner have been put on T. I. parade. Anil Kumar Sahni has already been granted bail vide order dated 28.11.2016 passed in Cr. Misc. No. 44677 of 2016.

Considering the facts that one laptop and charger are said to have been recovered from the house of the petitioner but neither the petitioner nor the articles are put in T. I. parade, the above named petitioner is directed to be enlarged 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 Chief Judicial Magistrate, Purnea in Sadar P.S. Case No. 639 of 2014.

(Prabhat Kumar Jha, J) BKS/- U T