Akash Patel @ Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30665 of 2021 Arising Out of PS. Case No.-356 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== AKASH PATEL @ AKASH KUMAR Son of Jokhan Choudhary @ Jokhan Patel Resident of Village - Khirkighat, P.S.- Sasaram (Town), District - Rohtas (Sasaram).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sasaram (T) P.S. Case no. 356 of 2020 instituted for the offence under Sections 414, 411/34 of the Indian Penal Code. As per allegation in the FIR, on receiving secret information that five boys were assembled near Railway Station

Patna High Court CR. MISC. No.30665 of 2021(4) dt.15-02-2022 2/3 with three stolen motorcycles for sale out the same. Police proceeded towards place of occurrence and apprehended three accused persons while two accused persons managed to escape including the petitioner. On Demand, the apprehended accused persons could not produce any document regarding the vehicles and, accordingly, a seizure list was prepared. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has no concern with the alleged recovery. The name of the petitioner has been disclosed in this case by the apprehended co-accused, namely, Sonu Dom and Udai Dom, which has got no evidentiary value in the eye of law. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sasaram (T) P.S. Case no. 356 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.30665 of 2021(4) dt.15-02-2022 3/3 to the satisfaction of learned Chief Judicial Magistrate, Rohtas (Sasaram) subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U