Abhishek Kumar @ Bholu Kumar @ Golu Kumar @ Bholu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74527 of 2024 Arising Out of PS. Case No.-263 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Abhishek Kumar @ Bholu Kumar @ Golu Kumar @ Bholu Son of Nawal Kishore Singh @ Nawal Kishor Singh village- Devbahuara, PS- Marhaura (Marhowrah), Dist- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 31-01-2025

1. This is an application for bail filed on behalf of the accused Abhishek Kumar @ Bholu Kumar @ Golu Kumar @ Bholu in connection with Marhowrah (Madhaura) P. S. Case No. 263 of 2023, dated 17th of May, 2023, initially instituted for the offences punishable under Section 363 of the Indian Penal Code. Later on, Sections 302, 201 and 120 B of the Indian Penal Code was also added.

2. It is submitted by the learned Advocate for the petitioner that the petitioner was not named in the F.I.R. He was arrested on the basis of statement made by one co-accused, namely, Kundan Kumar. The said Kundan Kumar has already released on bail. After arrest, no substantial evidence was found against the petitioner. No incriminating material was also

Patna High Court CR. MISC. No.74527 of 2024(2) dt.31-01-2025 2/3 recovered from him. Therefore, he may be released on bail.

3. Learned APP has raised objections against the prayer for bail of the petitioner.

4. Having considered the submissions made by the learned counsels for the parties, it is ascertained that the petitioner was booked in connection with the above-mentioned case on the basis of statement made by the co-accused, while he was in custody. Prima facie, such statement implicating the petitioner is not admissible in evidence. Moreover, nothing has been recovered from the petitioner. The petitioner is in custody since 29th of July, 2024. Charge-sheet has already been filed in the instant case. Therefore, for the purpose of investigation, detention of the accused is not necessary.

5. For the reasons stated above, I am inclined to allow the instant Criminal Miscellaneous Application and release the accused on bail.

6. The petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 20,000 /- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhowrah (Madhaura) P. S. Case No. 263 of 2023, subject to the condition

Patna High Court CR. MISC. No.74527 of 2024(2) dt.31-01-2025 3/3 that one of the sureties shall be a local surety having landed property within the jurisdiction where the petitioner resides with further condition that the petitioner shall file an affidavit in the court below as well as before the Investigating Officer of the case stating his address, Aadhar Card No., Voter Card No. and Mobile Phone No. where he is available during the trial of the case. Violation of any of the conditions will automatically cancel the order of bail without any further reference to this Bench.

The petition stands allowed, accordingly.

(Bibek Chaudhuri, J) skm/- U