Akash Yadav @ Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11783 of 2026 Arising Out of PS. Case No.-95 Year-2024 Thana- RASULPUR District- Saran ====================================================== Akash Yadav @ Akash Kumar Son of Munna Yadav Resident of VillageMaharajganj, P.S.- Maharajganj, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-04-2026 Heard Mr. Chandra Mohan Jha, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 04.12.2024 in connection with Rasulpur P.S. Case No. 95 of 2024, F.I.R. dated 12.06.2024 for the offences punishable under Sections 341, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. According to prosecution case, this petitioner along with other accused person have fired upon the informant and fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the FIR that although there is specific allegation against the petitioner
Patna High Court CR. MISC. No.11783 of 2026(3) dt.29-04-2026 2/3 that he has fired upon the victim but from perusal of the case diary it appears that the injury report of the victim is not available on record and petitioner has falsely implicated in the present case. The petitioner has been remanded in the present case from Daraunda P.S. Case No. 340 of 2024 on 04.12.2024. He further submits that although some of the witnesses have supported the case of the prosecution but injury report in not available on record to show the genuineness of the present case. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 04.12.2024.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries seven criminal antecedents other than the present one but fairly submits that he is on bail in six cases and one case is pending for consideration before the competent court of law. He further submits that from perusal of the entire case diary no medical report of the informant/victim was found which suggest that he has received injury.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.11783 of 2026(3) dt.29-04-2026 3/3 the like amount each to the satisfaction of the learned J.M. 1st Class, Saran at Chapra in connection with Rasulpur P.S. Case No. 95 of 2024, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T