Akhilesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10064 of 2025 Arising Out of PS. Case No.-282 Year-2024 Thana- DAGARUA District- Purnia ====================================================== 1.
Akhilesh Kumar Yadav, Male, aged about 24 years, Son of Late Premlal Yadav, Resident of Village- Bairia, P.S.- Baisi, District- Purnea 2.
Sushil Kumar Das, Male, aged about 27 years, Son of Maldev Singh, Resident of Village- Simalia, P.S.- Baisi, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Fazle Karim, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in a case registered for the offence punishable under Section 309(4) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution case, the informant kept Rs.1,06,053/- in the power box of motorcycle and was going to deposit in the nearest CSP. As the informant stopped at Sindhiya Bridge and shared information through Whatsapp group about the above money, in the meantime, three unknown persons riing on motorcycle came and took the money by breaking the power box of the motorcycle. Also took out Rs.3,000/- from the back pocket of the informant's pant and a mobile phone. The motorcycle of the accused persons did not have number plate.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.10064 of 2025(3) dt.12-05-2025 2/2 petitioner has falsely been implicated in this case merely on suspicion. He next submits that petitioners were not named in the FIR and their names transpired in this case during investigation. He next submits that similarly situated co-accused persons have already been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No.5575 of 2025 and he is in custody since 30.10.2024.
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. In view of the aforesaid facts and circumstances and also the fact that similarly situated co-accused persons have already been granted bail by a Co-ordinate Bench of this Court, in Cr. Misc. No. 5575 of 2025, so let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Purnea in connection with Dagarua P.S. Case No. 282 of 2024 with conditions that the petitioners shall appear before the trial Court till conclusion of the trial.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T