Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4333 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- NTPC KHAIRA District- Aurangabad ====================================================== Akash Kumar, aged about 22 years, S/o Mahendra Paswan, R/o VillageDhundhua Nayamatpur, P.S.- N.T.P.C. Khaira, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with NTPC Khaira PS Case No.56 of 2024 dated 20.09.2024, instituted for the offence punishable under Section 310(2) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, in brief, is that on the alleged date of occurrence 10-12 unknown persons alleged to have forcibly taken three batteries, 600 litres diesel and one drum on the point of pistol from the campus of ADS Company.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. FIR is against unknown. On a secret information, the police apprehended the petitioner and his confessional statement

Patna High Court CR. MISC. No.4333 of 2025(3) dt.22-03-2025 2/2 was recorded and only on that basis the petitioner has been made accused in this case. It is also alleged that the petitioner disclosed that after committing theft the stolen diesel was sold to co-accused, Ram Ayodhya Chauhan. It is further submitted that nothing incriminating has been recovered from the possession of the petitioner. Only a mobile has been seized from the possession of the petitioner which belongs to the petitioner. Lastly, it is submitted that the petitioner is in custody since 03.10.2024 having clean antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in NTPC Khaira PS Case No.56 of 2024.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U