Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80982 of 2023 Arising Out of PS. Case No.-345 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Abhishek Kumar, Son Of Ranjeet Thakur, R/O Village- Fhatikwada, P.S.- Mahnar, District- Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Advocate Ms. Aditi Shahi, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Tajpur P.S. Case No. 345 of 2023, G.R. No. 2069 of 2023 for the offence registered under Sections 457, 380 and 414 of the I.P.C.

3. Allegation against the petitioner is that he was apprehended red handed on the spot while some goods were being stolen from the house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case due to his one criminal antecedent. He further submits that out of recovered materials motorcycle and one mobile belongs to the petitioner and other articles have been

Patna High Court CR. MISC. No.80982 of 2023(2) dt.10-01-2024 2/2 implanted to implicate the petitioner. No cash or ornaments as stolen articles have been recovered from the petitioner. Chargesheet has already been submitted before the Court and there is no chance of absconding or tampering with the evidence of the prosecution. Petitioner is in jail custody since 19.06.2023.

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

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Tajpur P.S. Case No. 345 of 2023, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Dutta Mishra, J) khushbu/- U T