Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77940 of 2024 Arising Out of PS. Case No.-260 Year-2024 Thana- SISWAN District- Siwan ====================================================== Abhay Kumar S/o- Dipak Prasad village - Saraut, P. S - Siswan, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Siswan P.S. Case No. 260 of 2024 instituted for the offences under Sections 303(2), 317(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that this petitioner along with other co-accused person was apprehended with a motorcycle but he failed to produce valid documents in support of the same.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in the present

Patna High Court CR. MISC. No.77940 of 2024(2) dt.28-10-2024 2/2 case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the motorcycle has been recovered from joint possession of the petitioner and co-accused Guddu Kumar. Learned counsel further submitted that petitioner has got no concern with the recovered motorcycle. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.08.2024 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 Siswan P.S. Case No. 260 of 2024.

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