Akhilesh Kumar @ Akhlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44782 of 2021 Arising Out of PS. Case No.-176 Year-2020 Thana- ROSHANGANJ District- Gaya ====================================================== Akhilesh Kumar @ Akhlesh Yadav S/O Suresh Yadav R/O Village-Churawan Dih, Hushainganj, P.S-Bankey Bazar, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Raushanganj (Bankey Bazar) P.S. Case No. 176 of 2020 dated 26.11.2020 instituted for the offences under Sections 401, 414 and 413 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 27.11.2020 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that the informant alleges that two miscreants were apprehended by villagers on suspicion of bike theft and then the police was informed and the petitioner disclosed before the police that he is a member of a gang which commits theft of bike and at his

Patna High Court CR. MISC. No.44782 of 2021(2) dt.15-12-2021 2/3 instance a motorcycle was recovered from the house of Suraj and Deepak.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his criminal antecedents and the recovery of the bike from the house of Suraj was prior in time but thereafter the petitioner was roped with the allegation that at his instance, the said bike was recovered.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that petitioner has got criminal antecedents.

Considering the fact that the petitioner is in custody since 27.11.2020 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Sherghatti, Gaya in connection with Raushanganj (Bankey Bazar) P.S. Case No. 176 of 2020 subject to the condition as laid down under Section 437

(3) Cr.P.C. with a condition that the petitioner will continue marking his attendance in the concerned police station in between 20-25 of every month commencing from January, 2022

Patna High Court CR. MISC. No.44782 of 2021(2) dt.15-12-2021 3/3 till the charges are framed and in the event it is reported by the concerned police station to the learned court below that the petitioner in between the aforesaid dates in any of the month till framing of charges has not marked his attendance, the court below will proceed to cancel his bail bonds.

(Satyavrat Verma, J) Rishi/- U T