Akash Kumar @ Aakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61467 of 2021 Arising Out of PS. Case No.-63 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== AKASH KUMAR @ AAKASH KUMAR SON OF MANOJ CHAUDHARY @ MANOJ KUMAR CHOUDHARY R/O MOHALLA- BARI BADALPUR, P.S.- KHAGAUL, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Samir Kumar For the Opposite Party/s :
Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-04-2022 Heard learned counsel for the parties.
The petitioner is in judicial custody in connection with Arwal P.S. Case No.63 of 2021 lodged under Section 382 of the Indian Penal Code.
Allegation against him is that on 15.2.2021, after completion of counting of votes of PACS election, informant along with his friend was returning their home from motorcycle. When they reached near Bhadrashi NH-110, one white colour Scorpio came there and three miscreants came out from the vehicle, and after threatening them snatched mobile phone, wallet, ATM, voter card, office I- card, driving license, owner book of the vehicle and they also took Rs 3300/- Learned senior counsel for the petitioner submits that
Patna High Court CR. MISC. No.61467 of 2021(2) dt.20-04-2022 2/3 petitioner is running mobile repairing shop along with his father and mobile in question which was seized by the police was actually handed over to him for repair. He further submits that, at best, it can be a case under section 414 IPC. He lastly submits that charge sheet has been submitted in the matter and he is in jail since 3.6.2021.
Taking into account the aforesaid facts as also that he is in jail since 3.6.2021, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with Arwal P.S. Case No.63 of 2021 to the satisfaction of the Chief Judicial Magistrate, Arwal, subject to following conditions: (i) the Trial court shall satisfy itself on the criminal antecedents of the petitioner prior to his release on bail; (ii) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(iii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial court itself;
(iv) he shall in no way try to induce or promise or
Patna High Court CR. MISC. No.61467 of 2021(2) dt.20-04-2022 3/3 threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observation, the bail application is allowed.
(Rajiv Roy, J) s.hassan/- U T