Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48124 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Rahul Kumar Son Of Chandeshwar Ray @ Chandeshwar Singh @ Chandrashekhar Singh Vill -Sohagpur Ps -Hathua Dist -Gopalganj ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/S ====================================================== with CRIMINAL MISCELLANEOUS No. 48421 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Akash Kumar Son Of Virendra Prasad @ Birendra Prasad Vill -Sohagpur PsHathua Dist -Gopalganj ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 48124 of 2024) For the Petitioner/s :
Mr. Shubhesh Pandey, Adv. with Mr. Amit Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP (In CRIMINAL MISCELLANEOUS No. 48421 of 2024) For the Petitioner/s :
Mr. Shubhesh Pandey, Adv. with Mr. Amit Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-07-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioners for the offences alleged under Sections 414, 420, 467, 468, 471/34 of the Indian Penal Code and Sections 25(1-
Patna High Court CR. MISC. No.48124 of 2024(2) dt.22-07-2024 2/3 B)a, 26 and 35 of the Arms Act, registered in connection with Mirganj P.S. Case No. 102 of 2024.
3. As per prosecution case, on secret information the informant got that one Vishwash Rawat commits theft of motorcycle and snatching along with associates, upon verification in CCTV footage his involvement has been found. It is further alleged that one Vishwash Rawat was arrested and on search some incriminating articles have been recovered from his possession.
4. The learned counsel for the petitioners has submitted that they have been falsely implicated in this case and have committed no offence. Petitioners were not apprehended on spot rather the name of these petitioners figured in this case merely on the basis of confessional statement of apprehended co-accused. Neither any incriminating article nor any motorcycle has been recovered from the possession of these petitioners. He further submitted that one motorcycle has been recovered behind the house of co-accused Akash Kumar not from his possession. Petitioners are a person of clean antecedent and they are in custody since 17.03.2024.
5. Learned APP for the State has opposed the prayer of bail.
Patna High Court CR. MISC. No.48124 of 2024(2) dt.22-07-2024 3/3
6. Considering the above facts and circumstances of the case as well as clean antecedent of these petitioners, let the petitioners, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No. 102 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court.
7. If it is found that petitioners are involved in any other case except the present one then the trial Court will be at liberty to cancel their bail bond.
(Nawneet Kumar Pandey, J) Arish/- U T