Akshay Kumar @ Akchay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4504 of 2021 Arising Out of PS. Case No.-403 Year-2020 Thana- BUXAR District- Buxar ====================================================== AKSHAY KUMAR @ AKCHAY KUMAR Son of Bhola Ram Resident of Village - Manikpur, P.S.- Manikpur, District - Chitrakut (Uttar Pradesh). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Buxar (Town) P.S. Case no. 403 of 2020 registered under section 393 of the Indian Penal Code.

As per allegation in the FIR, five accused persons on the point of pistol made an attempt to commit robbery in the shop. It is stated that three persons escaped on the motorcycle while one of them, namely, Akshay Kumar was caught. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He has been apprehended under a misunderstanding. No incriminating

Patna High Court CR. MISC. No.4504 of 2021(3) dt.21-06-2021 2/2 article has been recovered from his possession. He is in custody since 16.9.2020 and has no criminal antecedent. The application for bail is opposed by learned APP for the State who submits that not only was the petitioner caught at the place of occurrence but the allegation is serious in nature. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner being in custody for 9 months and not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Buxar (Town) P.S. Case no. 403 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar. (Partha Sarthy, J) Spd/- U T