Abhay Sah @ Abhay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66550 of 2024 Arising Out of PS. Case No.-325 Year-2014 Thana- CHIRAIYA District- East Champaran ====================================================== Abhay Sah @ Abhay Kumar Gupta Son of Rambriksh Prasad @ Rambriksh Sah Resident of Village -Nanaura, P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2025 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 379, 34 of the Indian Penal Code.

3. As per the prosecution case, informant alleged that the petitioner along with other co-accused persons has committed theft of his Scorpio.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.66550 of 2024(4) dt.10-01-2025 2/2 general and omnibus in nature. He submits that the petitioner has no knowledge about the present occurrence. The petitioner was residing in Nepal to earn his livelihood, where due to some altercation in year, 2020 he was in jail. Later on, he has been acquitted and released from jail in Nepal. When the petitioner came at his house, then the police without any evidence arrested the petitioner and remanded him in the present case with false allegation. He further submits that charge has been framed against the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 23.06.2024.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chiraiya P.S. Case No.325 of 2014. (Anjani Kumar Sharan, J) anand/- U T