Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86534 of 2019 Arising Out of PS. Case No.-179 Year-2018 Thana- GAYA MUFASIL District- Gaya ====================================================== Abhishek Kumar, aged about 30 years, male, Son of Kamata Singh, Resident of Village - Bhojpur (Chulhaibigha), P.S. - Wazirganj, District - Gaya (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-09-2021 Heard Mr. Bachan Jee Ojha, the learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Gaya (Muffasil) P.S. Case No. 179 of 2018, dated 24.05.2018, instituted for the offences under Sections 411, 414, 419, 420 and 34 of the Indian Penal Code.

One Roushan Kumar, in an injured condition, was

Patna High Court CR. MISC. No.86534 of 2019(3) dt.13-09-2021 2/3 arrested along with a Scorpio vehicle which was found to be a stolen property. He further disclosed before the police that the petitioner and another are his friends, who could manage to run away.

It has been submitted on behalf of the petitioner that except for the aforesaid fact, there is no other evidence to connect him with the offence. In the two cases in which the petitioner was earlier made accused, he has been granted bail.

Considering this aspect of the matter, this Court, vide order dated 13.02.2020, had called for the case diary and had granted interim reprieve to the petitioner. Apart from the aforesaid statement of Roushan Kumar, who was arrested with a stolen vehicle, there is no other material against the petitioner.

Considering the facts and circumstances of the case, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.86534 of 2019(3) dt.13-09-2021 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Gaya in connection with Gaya (Muffasil) P.S. Case No. 179 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T