Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52391 of 2025 Arising Out of PS. Case No.-1017 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Akash Kumar, aged about 22 years, Male, S/o Umesh Choudhary, resident of Mohalla- Dadar Mandi, Gulzarbagh, P.S.- Alamganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Satyendra Kumar Srivastava, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Alamganj PS Case No.1017 of 2024 dated 15.11.2024, instituted for the offence punishable under Sections 304(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that on the alleged date of occurrence while the informant was returning home from his office through Marine Drive and was about to reach Gaighat, two persons came on a motorcycle and snatched the mobile of the informant while the informant was talking through his mobile.
4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. FIR is against unknown.
Patna High Court CR. MISC. No.52391 of 2025(2) dt.11-08-2025 2/3 Only on the basis of suspicion, the petitioner has been remanded in this case from Alamganj PS Case No.1019 of 2024. Further submission is that nothing has been recovered either from the possession of the petitioner or from the house of the petitioner. No test identification parade has been conducted till date. Lastly, it is submitted that the petitioner is behind the bar since 15.01.2025 and three criminal cases are pending against the petitioner.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Patna City, in Alamganj PS Case No.1017 of 2024, subject to the conditions (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if
Patna High Court CR. MISC. No.52391 of 2025(2) dt.11-08-2025 3/3 the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) that 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, and (v) that the petitioner within two weeks after his release from the custody shall appear before the SHO of local PS along with a copy of this order and thereafter shall appear every fortnightly to mark his attendance till framing of charge in the case.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T