Patna High CourtCR. MISC./71839/2024bail granted

Abhishek Kumar v. The State Of Bihar

2024-10-23Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71839 of 2024 Arising Out of PS. Case No.-593 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== Abhishek Kumar Son of Kailash Prasad R/o Village- Gausganj (Gaus Ganj), P.S.- Ara Nawada, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Diwakar, Advocate.

Ms. Priya Kumari, Advocate.

Mr. Deepak Kumar, Advocate Mr. Sudhakar Ranjan, Advocate.

Mr. Shivam Kumar, Advocate.

For the State :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-10-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Ara Nawada P.S. Case No. 593 of 2023 dated 15.08.2023 registered for the offence punishable under Sections 392 of the Indian Penal Code.

3. As per allegation, the Mobile phone of the informant was snatched by some unknown persons.

4. Ld. counsel for the petitioner submits that the Petitioner is neither named in the First Information Report nor any recovery has been made from his possession.

5. It is also stated in paragraph no. 2 of the bail

Patna High Court CR. MISC. No.71839 of 2024(2) dt.23-10-2024 2/3 petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has got no criminal antecedent.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara Nawada P.S. Case No. 593 of 2023, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

Patna High Court CR. MISC. No.71839 of 2024(2) dt.23-10-2024 3/3 (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T