Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47879 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- NAGAR District- Vaishali ====================================================== AKASH KUMAR SON OF SHRI PRADEEP KUMAR R/O MOHALLAINDRAPURI COLONY, NEAR R.N.COLLEGE, P.S.- HAJIPUR TOWN, DISTRICT- VAISHALI AT HAJIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Hajipur Town P.S. Case No. 79 of 2022, registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code. The allegation is regarding theft having been committed in the house of the informant, whereupon the thieves had decamped with four smart mobile phones and some cash amount from the house of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.47879 of 2022(3) dt.02-02-2023 2/3 been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 20.6.2022. It is further submitted that the name of the petitioner has transpired in the present case merely on the pretext that the stolen mobile phone was being used by inserting SIM Card reportedly registered in the name of the petitioner herein. It is further submitted that no recovery has been effected from the possession of the petitioner.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no recovery of the stolen articles have been effected from the possession of the petitioner, apart from the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Patna High Court CR. MISC. No.47879 of 2022(3) dt.02-02-2023 3/3 Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 79 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T