Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71158 of 2024 Arising Out of PS. Case No.-206 Year-2024 Thana- GUTHANI District- Siwan ====================================================== Abhishek Kumar Son of Omprakash Pandit @ Om Prakash Parit VillageNawada Ps- Mairwa Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Guthani P.S. Case No. 206 of 2024 instituted for the offences under Sections 318(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that, police during patrolling, intercepted this petitioner with a motorcycle. It is further alleged that this petitioner failed to produce the valid documents regarding the recovered motorcycle and was apprehended.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that petitioner has no concern with the recovered motorcycle. No incriminating article has

Patna High Court CR. MISC. No.71158 of 2024(2) dt.05-10-2024 2/2 been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the entire allegation levelled in the FIR is baseless, concocted and false. Learned counsel further contended that the seizure-list does not bear the signature of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.08.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Guthani P.S. Case No. 206 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T