Patna High CourtCR. MISC./44968/2021bail granted

Akhilesh Kumar @ Atul v. The State Of Bihar

2022-01-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44968 of 2021 Arising Out of PS. Case No.-145 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== AKHILESH KUMAR @ ATUL Son of Bipin Roy Resident of VillageBabupur, P.S.- Warisnagar, District- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-01-2022 Heard learned counsel for the petitioner and the State. The matter has been taken up through video conferencing.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 394, 395, 397, 398 of the Indian Penal Code.

As per the prosecution case, three miscreants, on the point of pistol, intercepted the informant and looted ornaments, cash and mobile of informant and while fleeing away they also made firing as a result of which informant and one co-accused sustained injuries.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the

Patna High Court CR. MISC. No.44968 of 2021(3) dt.04-01-2022 2/2 confessional statement of co-accused and only material that has come against this petitioner that he was in touch with other accused persons at the time of occurrence through mobile. No incriminating article has been recovered from the possession of the petitioner and till date the petitioner has not been put on Test Identification Parade. Petitioner is in custody since 17.06.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Samastipur in connection with Tajpur (Halai O.P.) PS case No.145/2021.

(Prabhat Kumar Singh, J) BKS/- U T