Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74286 of 2024 Arising Out of PS. Case No.-497 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Abhishek Kumar Son of Lakshman Prasad R/O- Jail Road Ward No-14, Khetari Mohalla, P.S-Ara Nagar, District- Bhojpur at Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Ara Nagar P.S. Case No. 497 of 2024 for the offences registered under Sections 317(5), 338, 336(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, petitioner is apprehended with a motorcycle. He could not produce any document of the motorcycle. He disclosed that the motorcycle belongs to Raju Kumar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. Petitioner was only pillion rider and the motorcycle belongs to co-accused Raju Kumar.

Patna High Court CR. MISC. No.74286 of 2024(3) dt.18-12-2024 2/2 Earlier petitioner had no knowledge that the said motorcycle was stolen one. Charge-sheet has already been submitted in this case. Petitioner has one criminal antecedent which belongs to said stolen motorcycle. Petitioner is a young boy. He is in judicial custody since 10.08.2024. He undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nagar P.S. Case No. 497 of 2024.

(Sunil Dutta Mishra, J) rakhi/- U T