Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12452 of 2021 Arising Out of PS. Case No.-436 Year-2020 Thana- MAHUA District- Vaishali ====================================================== AKHILESH KUMAR S/O DAROGA RAM R/O VILLAGE-ASHWARI, P.S.-TISIAUTA, DISTRICT-VAISHALI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nityanand, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Mahua P.S. Case no. 436 of 2020 registered under sections 392 and 414 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of Arms Act . As per allegation in the FIR, the three accused persons including the petitioner herein were chased by the public when they made an attempt to snatch a mobile phone and escape. It is stated that the motorcycle met with an accident and all the three including the petitioner were caught and beaten up by the public. On search a country-made pistol was recovered from the waist of the petitioner.

Patna High Court CR. MISC. No.12452 of 2021(2) dt.24-06-2021 2/2 It is submitted by learned counsel for the petitioner that the allegations against the petitioner are false and concocted. He has been falsely implicated in the case. No incriminating article has been recovered from his possession. He is in custody since 6.8.2020 and has no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody for 10 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Mahua P.S. Case no. 436 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 Chief Judicial Magistrate, Vaishali, Hajipur.

(Partha Sarthy, J) Spd/- U T