Akhilesh Kumar Rai @ Akhilesh Rai @ Akhilesh Kumar @ Akhilesh Kr. Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10920 of 2024 Arising Out of PS. Case No.-297 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== Akhilesh Kumar Rai @ Akhilesh Rai @ Akhilesh Kumar @ AKHILESH KR. RAI S/O KAPIL RAI @ KAPIL RAY R/O VILLAGE- DULAUR, PS.- JANDAHA MAHISAUR), DIST.- VAISHALI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413, 414/34 of the Indian Penal Code.

3. Prosecution case relates to recovery of a stolen motorcycle bearing Registration no. BR33B-5123 from house of the petitioner who is said to have been apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the seized motorcycle was parked in his house by the Co-accused Bittu Kumar and Jitendra Kumar Singh saying that they would

Patna High Court CR. MISC. No.10920 of 2024(2) dt.22-02-2024 2/2 come later and take it away. One another case bearing Bidupur P.S. Case No. 567 of 2023 has already been lodged for theft of the said motorcycle. It is further submitted that the petitioner is languishing in judicial custody since 29.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with jandaha (Mahisaur) P.S. Case No. 297 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Amandeep/- U T