Akshay Kumar @ Chhotu Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35961 of 2024 Arising Out of PS. Case No.-62 Year-2022 Thana- NALANDA District- Nalanda ====================================================== Akshay Kumar @ Chhotu Kewat S/o Naresh Kewat @ Naresh Kevat R/o vill - Rama Bigha, P.s. - Ben, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for regular bail which was earlier dismissed as withdrawn in Cr. Misc. No. 63751 of 2023 in a case registered for the offence punishable under sections 392 of the Indian Penal Code.

3. It is alleged by the informant that while he was going from his jewelry shop, in the meantime, two motorcycle borne miscreants intercepted and snatched cash of Rs. 5-6 thousand along with a golden locket.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. The petitioner was apprehended in connection with Ben P.S. Case No. 76 of 2022,

Patna High Court CR. MISC. No.35961 of 2024(2) dt.16-05-2024 2/2 in which his confession as recorded thereafter the informant came to police station and identify him as well as his golden locket. Except this, no any consistent material has come against the petitioner and the confession before police is inadmissible in the eye of law. It is further submitted that the petitioner is languishing in judicial custody since 30.6.2022.

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 after framing of charge, in connection with Nalanda P.S. Case No. 62 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional District and Sessions Judge, Nalanda at Biharsharif.

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