Aakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29358 of 2025 Arising Out of PS. Case No.-176 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Aakash Kumar S/o Arbind Singh @ Niranjan Kumar Singh Resident of Village- Chechar, Police Station- Bidupur, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 176 of 2024 instituted for the offences under Section 395 of the Indian Penal Code.

3. Prosecution case, in short, is that, on the alleged date and time of occurrence, five to six miscreants entered the HDFC Bank, Har Har Mahadev Branch, assaulted the staff and and committed a loot of Rs. 16,33,033/-.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.29358 of 2025(2) dt.30-04-2025 2/3 co-accused Rohit Kumar @ Mahakal. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted amount and the same has not been recovered from this petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.11.2024 and has three criminal antecedents.

5. Learned A.P.P. for the State vehemently opposed the prayer for grant of bail to the petitioner and submitted that the petitioner is a member of gang which is involved in committing the robbery in banks, and therefore, the petitioner does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Begusarai Town P.S. Case No. 176 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.29358 of 2025(2) dt.30-04-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T