Awdhesh Kumar @ Awadhesh Prasad @ Abdhesh Prasad @ Saurab Kumar @ Sarabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83032 of 2023 Arising Out of PS. Case No.-11 Year-2020 Thana- PARBATTA District- Bhagalpur ====================================================== AWDHESH KUMAR @ AWADHESH PRASAD @ ABDHESH PRASAD @ SAURAB KUMAR @ SARABH KUMAR S/O LALAN YADAV R/O VILLAGE- PIPRAPATI (SHIPERPATI), P.S- KADIRGANJ, DISTT.- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Parbatta P.S. Case no. 11 of 2020 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, the informant states that while returning in his Scorpio vehicle along with his driver, 7-8 unknown accused persons on the pretext of asking for water overpowered the driver and looted the informant of his mobile phone, ATM card etc. They went away with the vehicle of the informant.

4. It is submitted by learned counsel for the petitioner that the FIR was registered against 7-8 unknown accused persons. The name of the petitioner transpired in course

Patna High Court CR. MISC. No.83032 of 2023(2) dt.10-01-2024 2/2 of investigation. No incriminating article has been recovered from the petitioner's possession. Referring to the order of the learned trial court it is submitted that the cause of rejection of the petitioner's application for bail is only his antecedents. Chargesheet has been submitted in the case. The petitioner is in custody since 6.6.2023.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the material that has transpired in course of investigation as is evident from the order of the learned trial court, the petitioner being in custody for more than 7 months since 6.6.023 and chargesheeet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Parbatta P.S. Case no. 11 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Naugachia (Bhagalpur). (Partha Sarthy, J) Bibhash/- U