Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28809 of 2021 Arising Out of PS. Case No.-636 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== Akash Kumar S/O Ranjit Choudhary R/o Mohalla- B.N. Jha Road, Dukhharni Mandir, P.S.- Kotwali, Distirct- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Mohan Singh For the Opposite Party/s :

Mr.Md.Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

10-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Barachatti P.S. Case No. 636 of 2020, registered for the offence under Section 392 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants riding on a motorcycle assaulted the informant with knife and took away the motorcycle of the informant and fled away. Name of the petitioner has come during course of investigation and it is alleged that this petitioner was apprehended by the police alongwith motorcycle of the informant.

It is submitted on behalf of petitioner that nothing has been recovered from the possession of the petitioner. In fact, the bike was parked on road, of which, petitioner has got no concern and police officials have falsely implicated this

Patna High Court CR. MISC. No.28809 of 2021(2) dt.10-08-2021 2/2 petitioner and petitioner is in custody since 28.11.2020. Chargesheet has been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati (Gaya) in connection with Barachatti P.S. Case No. 636 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T