Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48450 of 2025 Arising Out of PS. Case No.-35 Year-2021 Thana- BARURAJ District- Muzaffarpur ====================================================== Akash Kumar S/o Shatrudhan Thakur R/o Village- Rajwara, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar, Advocate For the Opposite Party/s :
Ms.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-07-2025 Heard Mr.Arvind Kumar, learned counsel for the petitioner and Ms.Rita Verma, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 15.01.2025 in connection with Baruraj P.S. Case No. 35 of 2021, F.I.R. dated 08.03.2021 registered for the offence punishable under Sections 395/397 of IPC and Section27 of Arms Act.
3. According to prosecution case, the FIR named accused persons along with unknown persons have assaulted and snatched Rs. 30,000/- from the informant on the point of gun. It is further alleged that one of the accused, namely, Ranjan Pandey has fired upon the informant on the instruction of another co- accused, namely, Abhishek Pandey.
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4. Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR he has falsely been implicated in the present case on the basis of confessional statement of co-accused persons, namely, Chunnu Paswan and Dheeraj Kumar and except the confessional statement of co-accused persons, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and petitioner has been remanded in the present case from Kathaiya P.S.Case No.134 of 2024 on 15.01.2025 and said co-accused persons, namely, Chunnu Paswan and Dheeraj Kumar have been granted bail by different Coordinate Benches of this Hon'ble Court vide orders dated 10.03.2022 and 07.06.2022 passed in Cr. Misc. Nos.59600/2021 and 5096/2022 respectively and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 15.01.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact and the co-accused
3/4 persons, who have confessed the name of the petitioner, have been granted bail by different Coordinate Benches of this Hon'ble Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, (West) Muzaffarpur in connection with Baruraj P.S. Case No. 35 of 2021, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T