Abhishek Kumar @ Abhisheek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75592 of 2024 Arising Out of PS. Case No.-159 Year-2021 Thana- LODIPUR District- Bhagalpur ====================================================== Abhishek Kumar @ Abhisheek Kumar Son of Arvind Kumar @ Arvind Kumar Sah @ Arvind Prasad Sah Resident Of Village- Garden House, Janki Prasad Lane, Mandichak, PS- Ishachak, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-01-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Lodipur P.S. Case No. 159 of 2021, registered on 12.08.2021 for the offences punishable under Section 379 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against one unknown accused persons as well as upon the owner of the motorcycle bearing No. BR10X1774. The allegation against the accused person is that he has stolen Rs. 51,000/- and one samsung mobile phone and ran away from the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.75592 of 2024(3) dt.29-01-2025 2/2 fairly submits that it is true that the petitioner is the owner of the said motorcycle but nothing has been recovered from the possession of the petitioner, nor was he apprehended. Counsel further submits that his name has figured in this case only on suspicion. Counsel further submits that the offence in which the case has been lodged is of magisterial triable. Counsel also submits that the criminal antecedent of the petitioner is clean.

5. Learned APP for the State opposes the prayer for bail.

6. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Bhagalpur in connection with Lodipur P.S. Case No. 159 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Aman Kumar/- U