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Patna High CourtCR. MISC./33732/2022bail granted

Akash Kumar v. The State Of Bihar

2023-01-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33732 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== AKASH KUMAR SON OF AMRENDRA YADAV RESIDENT OF VILLAGE- KOHBARH, P.S.- KUMARKHAND, DISTRICTMADHEPURA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP Mr. Umesh Lal Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.

As per the prosecution case, the informant states that while he was working in the bank, five accused persons on the point of pistol looted Rs. 44,000/- in cash from the counter and Rs.8,81,741/- from the safe. The accused escaped. The informant describing the accused persons states that on seeing them again he can identify them.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against five unknown. The name of

Patna High Court CR. MISC. No.33732 of 2022(3) dt.16-01-2023 2/2 the petitioner transpired in course of investigation in the confessional statement of accused Kuldeep Kumar and Dilip Kumar. No incriminating article has been recovered from the petitioner's possession. In spite of being in custody since 25.2.2022 and the informant claiming that he can identify the accused, the petitioner has not been put on T.I Parade and charge-sheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, the petitioner not having been put on T.I. Parade in spite of being in custody for 10 months since 25.2.2022 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Kumarkhand P.S. Case no. 36 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- IV, Madhepura. (Partha Sarthy, J) Shiv/- U T