Akhilesh Kumar @ Lalmohan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54034 of 2023 Arising Out of PS. Case No.-242 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Akhilesh Kumar @ Lalmohan Son Of Manoj Kumar Jha Resident Of VillageRainvishuni, Ward No. 05, Ps- Runnisaidpur, Distt- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-08-2023 Heard the parties.

The petitioner is in judicial custody in connection with Runnisaidpur P.S. Case No.242 of 2023 instituted under Sections 399,402,414 of the IPC, 25(1-b)a/26/35 of the Arms Act and 8/20/(b)(ii)(c) of NDPS Act lodged on 12.05.2023 by the informant Praveen Kumar.

As per the prosecution story, the allegation is that the police during patrolling, apprehended five persons and recovered/seized 500 gms of Charas as also mobile they were arrested and FIR was lodged.

It is the case of the petitioner that police has not recovered anything from his possession and even otherwise the recovery is below the commercial quantity Learned APP opposes the prayer for bail.

Considering the aforesaid submissions put forward by

Patna High Court CR. MISC. No.54034 of 2023(2) dt.24-08-2023 2/3 the learned counsel for the petitioner as also the period of custody 13.05.2023 (para-20 of the petition) and he do not have criminal antecedent, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Runnisaidpur P.S. Case No.242 of 2023 to the satisfaction of learned Special Judge, Sitamarhi, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for a year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for

Patna High Court CR. MISC. No.54034 of 2023(2) dt.24-08-2023 3/3 cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan U T