Akshay Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48383 of 2025 Arising Out of PS. Case No.-470 Year-2023 Thana- BARUN District- Aurangabad ====================================================== Akshay Kumar Sharma Son of Kamod Kumar Sharma Resident of Bank P.S -Akodhigola, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sadanand Roy, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barun P.S. Case No. 470 of 2023 instituted for the offence under Sections 25(1-b)a & 26 of the Arms Act.

3.

The prosecution case is that Rajesh Kumar, a field officer with Chaitanya Indica Microfinance, was robbed of Rs. 1,88,900/- by four persons on two motorcycles near Satuahi village. One of the accused got injured during the incident, and while searching the area, police recovered a country-made pistol and a brass bullet.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-03-2025. Petitioner

Patna High Court CR. MISC. No.48383 of 2025(2) dt.16-07-2025 2/3 bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR and on the basis of confessional statement of injured co-accused, namely, Santosh Paswan and Sarju Paswan, petitioner's name has been roped in this case. It is submitted that petitioner has no concern with the recovered arms as the same was recovered from an open place, which is accessible to one and all. Learned counsel next submits that police after investigation has already submitted charge sheet in this case. There is no compliance of Section 103 of the BNSS, 2023. Except confessional statement of the petitioner, there is nothing against the petitioner. Other co-accused has been granted bail by this Court vide order dated 25-06-2025, passed in Cr. Misc. No. 19206 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.48383 of 2025(2) dt.16-07-2025 3/3 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barun P.S. Case No. 470 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T