Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17473 of 2021 Arising Out of PS. Case No.-309 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== AKASH KUMAR, Son of Sashi Kant Chaurasiya, Resident of Mohalla - Takiya Ward no.2, P.S.- Sasaram Nagar, Distt.- Rohtas (Sasaram) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nil Kamal, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 401, 413 and 414 of the Indian Penal Code.

As per allegations in the FIR, on receiving information that accused persons had gathered to give effect to an occurrence, a raid was conducted and three accused persons including the petitioner herein were arrested while two managed to escape. It is stated that some mobile phones and a tractor and trailer etc. were recovered from near the house of the petitioner and in their statements the accused persons accepted that they were operating as a gang giving effect to occurrences. It is submitted by learned counsel for the petitioner that he has been falsely implicated in the case. No incriminating

Patna High Court CR. MISC. No.17473 of 2021(2) dt.03-09-2021 2/2 article has been recovered from his possession or from near his house. There is an error on record in the order of the learned Court below. The petitioner is in custody since 4.10.2020 and investigation in the case has concluded.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for 11 months, the petitioner is directed to be enlarged on bail in connection with Kudra P.S. Case no. 309 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 Additional Chief Judicial Magistrate VI, Kaimur at Bhabua. (Partha Sarthy, J) Spd/- U T