Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16926 of 2022 Arising Out of PS. Case No.-222 Year-2021 Thana- MAKER District- Saran ====================================================== AKHILESH KUMAR S/o Vinod Ray R/o village- Fakuli, P.S.- Kudhani, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Advocate For the Opposite Party/s :

Mr. K. Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Maker P.S. Case No. 222 of 2021 Sections-379, 353/34 of the Indian Penal Code.

Allegedly, two trucks kept near Chandani Chowk under the vigil of chowkidar, were taken away by the accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to

Patna High Court CR. MISC. No.16926 of 2022(2) dt.08-04-2022 2/2 mistake of fact. A scuffle is said to have taken place between the accused persons and the police officers who had seized the trucks. The petitioner is alleged to be owner of the truck, in question. He had no knowledge regarding that the accused persons have taken away the trucks, in question from the custody of police.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of Sri Sushant Sagar, learned Judicial Magistrate-Ist Class, Saran at Chapra in connection with Maker P.S. Case No. 222 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T