Abhishek Kumar @ Milarua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72796 of 2022 Arising Out of PS. Case No.-916 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ABHISHEK KUMAR @ MILARUA S/o Late Pramod Ray R/v- Lalpokhar, P.S.- Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 394 of the Indian Penal Code.

Allgedly, petitioner along with other accused persons having country made pistol in their hands entered the office of the informant and threatened all the officials. They took Rs. 3,08,610/- which was kept in the bag belongs to the informant. They also looted the laptop, mobile phones and motorcycles. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the

Patna High Court CR. MISC. No.72796 of 2022(2) dt.21-03-2023 2/2 petitioner is not specific rather general and omnibus in nature. It is further submitted that the petitioner is not named in the FIR but during the investigation, one co-accused was apprehended by the police and disclosed the name of the petitioner. There is no evidence available against the petitioner. Petitioner has one criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail and submits that petitioner is also involved in the present case. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order in accordance with law without being prejudiced by this order on the very date of surrender.

(Anjani Kumar Sharan, J) divyanshi/- U T