Akhilesh Kumar @ Akhilesh Sah @ Akhlesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16639 of 2025 Arising Out of PS. Case No.-362 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== AKHILESH KUMAR @ AKHILESH SAH @ AKHLESH SAH Son of Prabhu Sah R/o village - Chandrahiya, P.S.- Motihari Mufasil, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-04-2025 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 303(2) of the BNS.
3. The case of the prosecution is that the petitioner along with one other accused persons entered into the house of the informant and took away DVD TV, five battaries and Camera. Hence, the present FIR.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that there is land dispute between the petitioner and the informant
Patna High Court CR. MISC. No.16639 of 2025(2) dt.11-04-2025 2/2 that is why uncle of the informant has also filed a case against the petitioner. Further submission is that nothing has been recovered from the conscious possession of the petitioner and there is no eye witness to the occurrence as the occurrence is of night. Moreover, the petitioner is languishing in judicial custody since 19.11.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail stating that that the petitioner has criminal antecedent.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Motihari Muffasil P.S. Case No. 362 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari. (Ashok Kumar Pandey, J) Jagdish/- U T