Patna High CourtCR. MISC./46236/2016bail granted

Aktachya Kumar @ Akchaya v. The State Of Bihar

2016-12-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46236 of 2016 Arising Out of PS.Case No. -55 Year- 2016 Thana -SAHKUND District- BHAGALPUR ====================================================== Aktachya Kumar @ Akchaya Son of Kishan Sah Resident of Mohalla - Shyam Bag, 64 By Pass Road, Sultanganj, P.S. Sultanganj, District - Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Madan Mohan, Advocate.

For the Opposite Party : Mr. Chandra Bhushan Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-12-2016 Heard both sides.

The petitioner seeks bail in Sahkund P.S. Case No. 55 of 2016, registered for the offences punishable under Section 392 of the Indian Penal Code. Later on, Section 411 of the Indian Penal Code was added.

The petitioner is not named in the FIR. The informant alleged that three persons took lift on his vehicle on the pretext that their vehicle developed mechanical snag but after sometime Manoj Yadav pushed the informant from the vehicle and fled away with the vehicle. The vehicle was recovered and the petitioner was also found sitting inside the vehicle. Manoj Yadav was also arrested.

Learned counsel for the petitioner submits that Manoj

Patna High Court Cr.Misc. No.46236 of 2016 (3) dt.20-12-2016 2/2 Yadav who is named accused in the case has already been enlarged on bail vide order dated 07.09.2016 passed in Cr. Misc. No. 29940 of 2016 by a coordinate Bench of this Court. The petitioner has already remained in jail for about nine months. The petitioner did not commit any overt act in committing robbery of the vehicle.

Considering the facts aforesaid and the fact that the petitioner has already remained in jail for about nine months and the main accused Manoj Yadav has already been enlarged on bail, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Bhagalpur in Sahkund P.S. Case No. 55 of 2016.

(Prabhat Kumar Jha, J.) KKSINHA/- U T