Akhilesh Kumar Singh @ Nalini Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55034 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- BHELDI District- Saran ====================================================== Akhilesh Kumar Singh @ Nalini Kumar Singh S/o Prabhunath Singh R/o vill and p.s. - Bheldi, Distt. - Saran at Present R/o 36, Workers Flat, Near Baridih T.O.P. Jamshedpur, P.S. - Baridih colony, Distt. - East Singhhum (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Chand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Bheldi P.S. Case No. 88 of 2024 registered for the alleged offences under Section 379 of the Indian Penal Code.

03. As per prosecution case, the tractor of the informant was stolen from her doors. The name of the petitioner transpired during investigation for being involved in the theft.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of confessional statement of co-accused Manoj Kumar which is having no legal sanctity. Nothing incriminating has been recovered from person or possession of this petitioner and even the stolen tractor was not recovered from the possession of the petitioner. The petitioner is made accused merely on suspicion. The petitioner is having antecedent of one case of similar nature.

Patna High Court CR. MISC. No.55034 of 2024(2) dt.31-08-2024 2/2

05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the absence of material against the petitioner to connect him with the offence as alleged and also considering possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned A.C.J.M.-XI, Saran in connection with Bheldi P.S. Case No. 88 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) anuradha/- U T