Akhilesh Bahardar @ Mithu Bahardar @ Miltu Bahardar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51484 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- ARARIA District- Araria ====================================================== AKHILESH BAHARDAR @ MITHU BAHARDAR @ MILTU BAHARDAR S/o Late Vidyanand Bahardar R/o village- Araria Basti Ward No. 07, P.S.- Araria, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Adv.
For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2022 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and Ms. Pushpa Sinha, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Araria PS Case No. 07/2021 registered for the offence punishable under Section 392 of the IPC and later one Sections 395/412 of the IPC were also added.
As per First Information Report, four criminals intercepted the Tata Magic vehicle of the informant by overtaking with an Alto Car and snatched the said vehicle and mobile from the informant Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of
Patna High Court CR. MISC. No.51484 of 2021(2) dt.15-04-2022 2/3 his mobile tower location available near the place and time of occurrence. He further submits that the residence of the petitioner is within one kilometre from the place of occurrence and except the tower location of his mobile and recovery of Rs. 3000/- from possession of the petitioner, no other material has come against the petitioner to connect him with the present offence. He further submits that there is no allegation of snatching of cash from the informant. It is further submitted that the Alto Car, which was allegedly used in commission of the crime, has been recovered from a co-accused, namely, Md. Sawood Alam who has been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 27411/2021 and one another co-accused, namely, Chandan Kumar Bahardar has also been granted bail by a Bench of this Court vide Cr. Misc. No. 44626 of 2021.
Learned counsel next submits that the petitioner is in custody since 01.02.2021 and the charge-sheet, in the matter, has been submitted.
Regards being had to the submissions made by the parties and taking into consideration the fact that similarly situated co-accused persons have been granted bail by the Bench this Court, petitioner is in custody since 01.02.2021 and
Patna High Court CR. MISC. No.51484 of 2021(2) dt.15-04-2022 3/3 the charge-sheet, in the matter, has been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, AKHILESH BAHARDAR @ MITHU BAHARDAR @ MILTU BAHARDAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Araria in connection with Araria PS Case No. 07/2021.
(Anil Kumar Sinha, J) perwez U T