Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85470 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- BEN P.S. District- Nalanda ====================================================== Abhishek Kumar Son Of Arjun Yadav R/O Vill - Dahaghat, P.S. - Ben, Distt. - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudish Kumar For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 34 of the Indian Penal Code.
3. As per FIR, allegation against the petitioner along with co-accused persons to assault brutally and threw the husband of the informant in bushes to die.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the injury found upon the victim is simple in nature. He submits that the informant is not the eye witness. He submits that occurrence took place on 06.03.2023 but the FIR has been lodged on 11.03.2023 after delay of 5 days without explaining any reasonable cause of delay. He submits
Patna High Court CR. MISC. No.85470 of 2023(2) dt.16-01-2024 2/2 that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 29.11.2023 passed in Cr. Misc. No. 76697 of 2023. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ben P.S. Case No. 34 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T