Abhishek Kumar @ Bojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65221 of 2023 Arising Out of PS. Case No.-359 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Abhishek Kumar @ Bojha S/O Ram Pravesh Ray @ Sadhu Ray R/O VillageKajari Bujurg, P.S- Jandaha, Distt.- Vaishali. At Present Vill- Chakkajinijam, P.S- Mahua, Distt.- 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.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 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 392 of the Indian Penal Code.

As per prosecution case, the allegation against four unknown miscreants is that they boarded on two motorcycles came to the informant and started abusing and checking his pocket. On protest, one miscreant started firing and snatched his mobile along with two SIM Cards and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to enmity and grudge.

Patna High Court CR. MISC. No.65221 of 2023(2) dt.13-10-2023 2/2 Neither the petitioner is named in the FIR nor he has been put on TIP. His name surfaced in the confessional statement of coaccused Rakesh Kumar in other case but the petitioner has no any concern with co-accused persons of that case. It is further submitted that no any incriminating or looted articles has been recovered from the conscious possession of the petitioner. Moreover, he is languishing in judicial custody since 25.07.2022.

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 Mahua P.S. Case No. 359 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 C.J.M., Vaishali at Hajipur.

(Sunil Kumar Panwar, J) lata/- U T