Md. Akhlakh @ Md. Aklakh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50513 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- BEGUSARAI RAIL P.S. DistrictBegusarai ====================================================== Md. Akhlakh @ Md. Aklakh son of Md. Akbar Resident of Village- Uppar Tola, Ward No. 06, Chhoti Ballia, P.S- Ballia, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Begusarai Rail P.S. Case No. 30 of 2025, instituted for the offences punishable under Sections 305(B) and 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the petitioner along with other co-accused persons are involved in stealing articles from passengers of train. It is further alleged that one mobile phone and a gold-like mangalsutra has been recovered from the possession of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.50513 of 2025(2) dt.06-08-2025 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was arrested on the basis of suspicion. No any stolen article has been recovered from the possession of the petitioner rather a passenger found the mangalsutra in an abandoned condition on the platform and handed it over to the informant and later it was shown that the same was recovered from the possession of the petitioner. The petitioner is in custody since 26.04.2025 and has got four criminal antecedents in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Begusarai Rail P.S. Case No. 30 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.50513 of 2025(2) dt.06-08-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T