Satish Kumar @ Akshay Kumar @ Akshay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8432 of 2023 Arising Out of PS. Case No.-150 Year-2022 Thana- BIND District- Nalanda ====================================================== SATISH KUMAR @ AKSHAY KUMAR @ AKSHAY S/O DAYANAND PASWAN R/v- Palatpura, Palatapura, P.S.- Manpur, District-Nalanda at Biharsharif ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Kumar Lal For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394, 395 & 412 of the Indian Penal Code.
As per prosecution case, four miscreants on point pistol intercepted the informant and looted cash, Camera, LED light, Flash light and other belongings from him and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case on this case on the basis of confessional statement of other co-accused persons. It is alleged to have recovered some articles from house of the petitioner but these
Patna High Court CR. MISC. No.8432 of 2023(3) dt.10-05-2023 2/2 have not been put on TI Parade. Nothing has been recovered from conscious possession of the petitioner. Moreover, similarly situated co-accused namely, Pradeep Kumar has already been granted bail by this Court vide order dated 28.4.2023 passed in Cr. Misc. No. 15260 of 2023. It is further submitted that the petitioner has got no criminal antecedents and languishing in judicial custody since 29.9.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bind P.S. Case No. 150 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class-Cum-Munsif -IIIrd, Nalanda at Biharsharif.
(Sunil Kumar Panwar, J) Amandeep/- U T