Patna High CourtCR. MISC./41912/2023bail granted

Akshay Kumar @ Bulku Sahni @ Bilku v. The State Of Bihar

2023-07-14Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41912 of 2023 Arising Out of PS. Case No.-431 Year-2016 Thana- DALSINGHSARAI District- Samastipur ====================================================== Akshay Kumar @ Bulku Sahni @ Bilku Son Of Karamchari Sahni Resident Of Village- Maniyapur, Ps- Ghataho, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with S. Tr. No. 375 of 2017 / 276 of 2021 arising out of Dalsinghsarai P.S. Case No. 431 of 2016 registered for the offence under Sections 393, 398, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

4. The allegation against the petitioner is that he is accused of committing theft and killing a person in the neighbouring shop.

5. From reading of the FIR, it does not appear that the main crime was of killing a person.

6. Moreover, similarly situated accused persons have been granted bail.

Patna High Court CR. MISC. No.41912 of 2023(2) dt.14-07-2023 2/2

7. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case only on the basis of confessional statement and the petitioner is in custody since 25.06.2021.

8. Learned A.P.P. has vehemently opposed the prayer for bail.

9. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

10. 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 the learned ACJM, Dalsinghsarai, Samastipur in connection with S. Tr. No. 375 of 2017 / 276 of 2021 arising out of Dalsinghsarai P.S. Case No. 431 of 2016.

11. As a condition of this order, the petitioner will visit Ghataho Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T