Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40472 of 2022 Arising Out of PS. Case No.-135 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== AKASH KUMAR Son of Late Bhola Yadav Resident of Village - kalyanpur, P.S. Bihiyan, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Ara Muffasil P.S. Case No. 135 of 2022, registered for the offence punishable under Section 414 of the Indian Penal Code.

The allegation is regarding police having apprehended a person namely Tuntun Singh, whereupon a search was made near bush of his house and four stolen motorcycles were recovered. During investigation, the said Tuntun Singh is stated to have confessed his guilt and had

Patna High Court CR. MISC. No.40472 of 2022(3) dt.24-01-2023 2/3 disclosed that he had sold two motorcycles to the petitioner herein, whereupon the house of the petitioner was raided and one motorcycle was recovered from his house.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 08.05.2022. The learned counsel for the petitioner has also submitted that the petitioner had purchased the motorcycle from one Tuntun Singh, for which an agreement was also entered, hence the petitioner is not having any complicity in the matter.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the nature of allegations levelled against the petitioner herein, apart from the fact that he is languishing in

Patna High Court CR. MISC. No.40472 of 2022(3) dt.24-01-2023 3/3 custody since about eight months, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to 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 learned A.C.J.M.-VII, Bhojpur at Ara in connection with Ara Muffasil P.S. Case No. 135 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T