Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65977 of 2024 Arising Out of PS. Case No.-355 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Abhishek Kumar Son of Indrajeet Paswan R/vill - Chakbaladhari, P.S - Hajipur Sadar, Distt- Vaishali at Hajipur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Subodh Prasad For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-12-2024 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 Hajipur Sadar P.S. Case No. 355/2024 dated 04.06.2024 registered for the offence punishable u/s 392, 393 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, three unknown miscreants tried to snatch the mobile phone of the informant. On hulla, one miscreant fired from his pistol which hit the left hand of the informant and they fled away. Further, the informant got information that at Vasant Vihar Colony, three miscreants have snatched a mobile phone from one Dilip Kumar Singh and on hulla they fled away from there leaving their motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.65977 of 2024(3) dt.16-12-2024 2/2 this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in this case on the self-confessional statement. No. T.I.P. has been conducted by the prosecution. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that a snatched mobile phone was recovered from the conscious possession 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 concerned, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 355/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T