Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6378 of 2025 Arising Out of PS. Case No.-213 Year-2024 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Akash Kumar S/o- Mahendra Sah Village- Garibnath Mandir, Bhauwara W.No-35, PS- Madhubani, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-05-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Madhubani Town P.S. Case No. 213 of 2024, lodged on 19.05.2024, under Sections 341/384/425/436 /504 / 506/34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against eight named accused persons including the present petitioner. Allegation against the present petitioner is that the petitioner

Patna High Court CR. MISC. No.6378 of 2025(3) dt.09-05-2025 2/3 along with co-accused persons collected together and tried to burn the house of the informant, due to which injury has been caused.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the maternal uncle of the petitioner and informant have purchased the land together at one place and due to petty land dispute his name has been inserted in the dispute. Counsel submits that the criminal antecedent of the petitioner is clean. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. He further submits that petitioner is actually victim of this case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it has come that petitioner has been seen in the CCTV footage by the informant and several witnesses have also supported the case.

6. Since it is a matter which can be decided only after going through the picture in the CCTV, therefore, this Court is not inclined to grant anticipatory bail to the petitioner at this stage. However, it is directed to the petitioner to surrender before the Trial Court within a period of six weeks from today and the Trial Court shall decide the application for regular bail

Patna High Court CR. MISC. No.6378 of 2025(3) dt.09-05-2025 3/3 of the petitioner on the same day on its own merit without being prejudiced by the order of this Court.

(Dr. Anshuman, J) Mkr./- U T