Akash Kumar @ Akash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47520 of 2025 Arising Out of PS. Case No.-396 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Akash Kumar @ Akash Yadav S/O Mishrilal Yadav @ Mishrilal Prasad Yadav Resident of village- Yadav Tola Kadamwa, PS- Ghorasahan, districtEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsha Shashwat, Adv :
Mr. Abhishek Kumar, Adv For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-10-2025 Heard the parties.
2. The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 396 of 2024 registered for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 308(2), 303(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita.
3. The petitioner is named in the F.I.R. and is in custody since 28.02.2025.
4. The allegation against the petitioner is to commit robbery along with other named co-accused persons and while committing so assaulted informant and looted cash of Rs. 5,000/- from the pocket of the informant. Occurrence alleged to be arising out of previous enmity for the demand of extortion of Rs. 2 Lakhs
Patna High Court CR. MISC. No.47520 of 2025(3) dt.31-10-2025 2/3 and also due to monetary disputes.
5. Learned counsel appearing on behalf of the petitioner submitted that both parties are resident of same village and out of previous enmity, petitioner was implicated in this case. It is submitted that due to previous enmity minor altercation took place between the parties during which physical assault was alleged to be caused by this petitioner, which was received on the left shoulder of the informant, which upon medical examination found simple in nature. It is submitted that considering the nature of injury it can be gathered safely that petitioner was not under intention to cause death of injured. While concluding the argument it is submitted that, petitioner found involved in five more cases, where he is on bail in three cases and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking note of fact as nature of assault not appears repeated, which upon medical examination found simple in nature, where occurrence alleged to be taken place in the background of previous enmities, coupled with the fact as petitioner remains in custody since
Patna High Court CR. MISC. No.47520 of 2025(3) dt.31-10-2025 3/3 28.02.2025, accordingly above named petitioner, is directed to be released on bail in connection with Ghorasahan P.S. Case No. 396 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sikrahana at Dhaka, Motihari, East Champaran/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T