Akhilesh Kumar@Akhilesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6123 of 2021 Arising Out of PS. Case No.-467 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== AKHILESH KUMAR@AKHILESH PASWAN S/O- Jageshwar Paswan R/o Vill. - Gauspur Ijra, P.S. - Sadar, Dist. - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.II For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-08-2021 Heard the learned counsel for the petitioner and the learned APP for the State The petitioner seeks bail in anticipation of his arrest in connection with Hajipur Sadar P.S. Case No. 467/2020 instituted for the offences under Sections 457 and 380 of the Indian Penal Code.

The accusation against the petitioner is of having stolen the mobile telephone of the neighbour of informant and also of having stolen money and gold ornament of the wife of the informant. The basis for suspecting the petitioner is that his image in the C.C.T.V. camera footage. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.6123 of 2021(3) dt.04-08-2021 2/3 that the C.C.T.V. camera is not installed in the house of the informant but on the road. Assuming but not admitting that the petitioner was seen in the footage of C.C.T.V. camera, that would only indicate that the petitioner had crossed that road. Merely on that basis, such allegation cannot be levelled against him. Learned counsel for the petitioner has further submitted that he is the neighbour of the informant and his friend whose mobile telephone has been stolen. The F.I.R. has been lodged after three days of the occurrence. It has further been submitted on behalf of the petitioner that after coming to know the correct facts, the informant does not wish to prosecute the petitioner any further.

For the reasons afore-stated and taking into account that the petitioner is a person of clean antecedents, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.6123 of 2021(3) dt.04-08-2021 3/3 Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 467/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashutosh Kumar, J) sunilkumar/- U T