Abhishek Ojha @ Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85699 of 2024 Arising Out of PS. Case No.-682 Year-2023 Thana- BUXAR District- Buxar ====================================================== Abhishek Ojha @ Abhishek Kumar S/O Anil Kumar Ojha Resident of village- Nimej, P.S- Brahampur, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Kamal Deo Sharma, Advocate Mr. Jai Shankar Pathak, Advocate Mr. Tushar Vaibhav, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2025 Heard Learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending arrest in connection with Buxar (Town) P.S. Case No.682 of 2023, lodged on 18.12.2023, under Sections 302/120B of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against one accused person other than the petitioner with an allegation of killing the son of the informant.
4. Learned Counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that the petitioner's name has figured in this case by virtue of confessional statement of named accused. He submits that
Patna High Court CR. MISC. No.85699 of 2024(2) dt.18-01-2025 2/3 antecedent of the petitioner is clean. Counsel submits that one co-accused has been granted anticipatory bail by this Court vide order dated 04.10.2024 passed in Cr. Misc. No.41698 of 2024. Counsel further submits that case-diary has been called for in the case of Raja Yadav (Cr. Misc. No.71346 of 2024). He submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed by this Court.
5. Learned Additional Public Prosecutor for the State opposes the prayer for bail and after going through the case-diary submits that name of the petitioner has come by virtue of confessional statement of co-accused. Upon specific query of the Court that whether his name has come by way of confessional statement or is there any corroboration in his statement. Counsel for the State fairly submits that it is only confession nor corroboration in the confessional statement of co-accused Raja Yadav @ Raja Kumar Yadav.
6. In the present facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs.30,000/- (Three Thousand) with two sureties of the like amount each to the satisfaction of Chief
Patna High Court CR. MISC. No.85699 of 2024(2) dt.18-01-2025 3/3 Judicial Magistrate, Buxar, in connection with Buxar (Town) P.S. Case No. 682 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dr. Anshuman, J) Mkr./- U T