Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44683 of 2025 Arising Out of PS. Case No.-80 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Akash Kumar S/o Bij Nandan Das @ Brij Nandan Das Village- Sabi Nagar, PS- Rupaspur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Khagaul P.S. Case No. 80 of 2024, instituted for the offences punishable under Section 379 of the Indian Penal Code.

3.

The prosecution case, in short, is that, motorcycle of the informant was stolen from the parking near Anand Jewellers, Jairam Bazar where the informant parked his motorcycle and went to purchase vegetables, but when he returned, he found his motorcycle was missing. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.44683 of 2025(2) dt.03-07-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR and only on the basis of confessional statement of co-accused, namely, Sahil Singh, name of the petitioner has been implicated. It is further submitted that the stolen motorcycle has not been recovered from the possession of the petitioner. Petitioner bears one criminal antecedent. Other co-accused has been enlarged on regular bail by this Court vide order dated 19-02-2025, passed in Cr. Misc. No. 8864 of 2025.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khagaul P.S. Case No. 80 of 2024, subject to the conditions as laid down

Patna High Court CR. MISC. No.44683 of 2025(2) dt.03-07-2025 3/3 under Section 482(2) of the BNSS, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T