Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23310 of 2023 Arising Out of PS. Case No.-530 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== AKHILESH KUMAR Son of Kedar Singh Resident of village Barhiyabagh, Takia, P.S.-Sasaram, District-Rohtas at Sasaram ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

As per allegation in the FIR, while the informant was coming from his truck bearing registration No. U72T-3797 with 102 pocket of onion and reached near muthani over bridge, five accused persons came there by a car and forcefully made the informant sit in their car and after about three kilometer released him. Then the informant rushed towards his truck and he found his truck standing there and onion was unloaded. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither

Patna High Court CR. MISC. No.23310 of 2023(2) dt.22-05-2023 2/2 the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession. Petitioner is languishing in judicial custody since 1.6.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM Mohania, Kaimur at Bhabua in connection with Mohania P.S. Case No. 530 of 2019.

(Sunil Kumar Panwar, J) arish/- U T