Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30347 of 2023 Arising Out of PS. Case No.-154 Year-2020 Thana- BEUR District- Patna ====================================================== Akash Kumar S/O- Teg Bahadur Prasad @ Bahadur Prasad @ Tej Bahadur Prasad Mohalla- Dujra Near Murgi Farm Ps- Budha Colony Dist- Patna At Present Renter Of Virendra Singh At Nasriganj In Front Of Durga Mandir PsDanapur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kant Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 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 section 395 of the Indian Penal Code.

3. Allegation against the 6-8 unknown persons is that they committed loot of total Rs. 52,58,500/- from the bank.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person along with the confession of this petitioner before the police which has got no evidentiary value in the eye of law. As alleged, the recovered

Patna High Court CR. MISC. No.30347 of 2023(6) dt.14-09-2023 2/2 amount of Rs. 3 lakhs from the possession of the petitioner does not relate to the looted amount and also there is no identification of that amount which has been recovered from the possession of the petitioner. Further, he has not been put on TIP as yet. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 10.02.2023 in Cr. Misc. No. 40551 of 2022. Moreover, the petitioner is languishing in judicial custody since 25.07.2020.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Beur P.S. Case No. 154 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. XXIV, Patna.

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