Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.611 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- KHARHAGPUR District- Munger ====================================================== AKASH KUMAR, S/O ANIL KUMAR RESIDENT OF MOHALLAPURAB AZIMGANJ, P.S.-KHARAGPUR, DISTRICT-MUNGER. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Md. Najmul Hoda, Advocate Mr. Dr. Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-08-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 01.01.2021, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Kharagpur P.S. Case no. 107 of 2020, registered under Sections 120(B), 419, 480, 387 and 342/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner is not named in the F.I.R. as on the basis of fardbeyan of informant Pappu Kumar Shah, Kharagpur P.S. Case no. 107 of 2020 was instituted

Patna High Court CR. MISC. No.611 of 2021(2) dt.24-08-2021 2/2 against unknown for the offence under Sections 120(B), 419, 480, 387 and 342/34 of the Indian Penal Code. In course of investigation, the name of petitioner surfaced in the confessional statement of co-accused Nilesh Kumar, which would appear from order dated 14.10.2020 passed in A.B.A No. 993 of 2020, whereunder, the prayer for pre-arrest bail of the petitioner was refused by the learned Addl. Sessions Judge-I, Munger. Further submission is that, in this case, compromised petition has already been filed by the informant, who is belonging to the mohalla of the petitioner. The petitioner, who is aged about 19 years, has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kharagpur P.S. Case No. 107 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T