Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30975 of 2021 Arising Out of PS. Case No.-585 Year-2020 Thana- DIGHA District- Patna ====================================================== AKASH KUMAR Son of Dinesh Singh R/o - Police Colony, P.S. - Danapur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard the learned counsel appearing for the petitioner and learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Digha P.S. Case No. 585 of 2020 for the offence punishable under Section 379 of the Indian Penal Code.

The allegation is regarding the motorcycle of the informant having been stolen by an unknown miscreant and the same was recovered from a place from where the petitioner and other two co-accused persons were arrested.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 20.12.2020. The learned counsel for the petitioner has further submitted that the petitioner has been roped in the present case merely on suspicion and neither the stolen vehicle has

Patna High Court CR. MISC. No.30975 of 2021(2) dt.09-12-2021 2/2 been recovered from his conscious possession nor from his house.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and the stolen motorcycle has neither been recovered from his conscious possession nor from his house, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail upon him furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna in connection with Digha P.S. Case No. 585 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T