Patna High CourtCR. MISC./71346/2023bail granted

Abinash Singh Kushwaha @ Abinash Kumar v. The State Of Bihar

2023-11-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71346 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== ABINASH SINGH KUSHWAHA @ ABINASH KUMAR Son of Rohit Mahto Resident of village - Basudeopur, Police Station - Kalyanpur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-11-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 392 of the Indian Penal Code.

3. As per the prosecution case, this petitioner along with other co-accused persons looted Rs. 45,000/- from the petrol pump.

4. Learned counsel for the petitioner submits petitioner is not named in the F.I.R. He has been made accused in this case only on the basis of the confessional statement of co-accused Suraj Kumar. It has further been submitted that petitioner has not been put on T.I. Parade and no recovery has been made from the possession of the petitioner. Petitioner

Patna High Court CR. MISC. No.71346 of 2023(2) dt.08-11-2023 2/2 claims clean antecedent and he is in custody since 08.05.2023.

5. Learned counsel for the petitioner further undertakes to deposit Rs. 33 thousand in the court below by way of demand draft in the name of the informant.

6. Learned A.P.P. has vehemently opposed the prayer for bail.

7. Considering the aforesaid submission and considering the undertaking of the petitioner, this application for regular bail is allowed.

8. Let the petitioner, above named, be released 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 J.M.F.C., Samastipur/concerned Court below in connection with Kalyanpur P.S. Case No. 84 of 2023 subject to condition that:- 8(i) Petitioner will deposit Rs.

33,000/- (thirty three thousand) in the court below by way of demand draft in the name of the informant and Court below will handover the demand draft to the informant.

(Sandeep Kumar, J) Shishir/- U T