Akshay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53957 of 2022 Arising Out of PS. Case No.-1400 Year-2021 Thana- NAWADA District- Nawada ====================================================== Akshay Kumar Son Of Ramasharay Chouhan R/O Village- Jiyapur, P.S.- Warsaliganj, District- Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-12-2022 This matter has been listed today for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Nawada Town P.S. Case No. 1400 of 2021 registered for the offence punishable under Sections 341, 323, 504, 379, 394 and 34 of the Indian Penal Code.

As per the prosecution case three miscreants on motorcycle abused, assaulted and snatched the bag of the informant containing Laptop, cash and other articles. Learned counsel for the petitioner submits that petitioner was not named in the FIR but he has been remanded in this case on the basis of confessional statement of co-accused

Patna High Court CR. MISC. No.53957 of 2022(2) dt.23-12-2022 2/3 Raushan Kumar. He further submits that the petitioner has not been put on TIP and only on the basis of suspicion he has been made accused in this case. He further submits that the charge sheet has already been submitted against the petitioner and he is in jail custody since 03.04.2022. He has one criminal antecedent in which he is on bail.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Nawada Town P.S. Case No. 1400 of 2021 with following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed 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) 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.

(iii) That one of the bailers will be a close relative of

Patna High Court CR. MISC. No.53957 of 2022(2) dt.23-12-2022 3/3 the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(Sunil Dutta Mishra, J) guddukr/- U T