Abhishek Kumar @ Hanni @ Abhishek Yadav v. The State Of Bihar
Case at a glance
- Bench
- SUNIL KUMAR PANWAR
Provisions considered
- Indian Penal Code, 1860 s. 395
Judgment
====================================================== Appearance : Mr.Dinesh Maharaj For the Petitioner/s : For the Opposite Party/s : Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 2 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395 of the Indian Penal Code. The prosecution case in nutshell is that while the informant was at his jewelry shop, two miscreants entered in the shop and put him on gun point and other two have looted the shop. Total six miscreants were involved in the alleged occurrence. Patna High Court CR. MISC. No.230 of 2023(2) dt.24-03-2023 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. His name sprang up on the basis of confessional statement of Co-accused Saurabh Kumar and Mithun Paswan. Nothing incriminating has been recovered from the possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since
29.01.2022. Similarly situated co-accused person has been granted bail vide order dated 22.03.2023, passed in Cr. Misc. No. 64456 of 2022 by the co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. Patna High Court CR. MISC. No.230 of 2023(2) dt.24-03-2023 The above named petitioner is directed to be enlarged on bail in connection with Teghra P.S. Case No. 286 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 Judicial Magistrate, 1st Class, Begusarai. (Sunil Kumar Panwar, J) nirajkrs/- U T
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