Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53984 of 2022 Arising Out of PS. Case No.-318 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== AKASH KUMAR SON OF AWADHESH SHARMA R/O VILLAGEISLAMIYA NAGAR, LAXMIPUR SISWAN DHALA, P.S.- SIWAN (TOWN), DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 414, 413 and 34 of the Indian Penal Code.

The informant alleges that one Akash was apprehended and a motorcycle behind a hut was recovered and the said Akash disclosed that he along with accused persons namely petitioner and Nasir Hussain had assembled for selling the stolen motorcycle.

Learned counsel for the petitioner submits that the petitioner is in custody since 22.05.2022 and has antecedent of

Patna High Court CR. MISC. No.53984 of 2022(2) dt.04-01-2023 2/3 one case.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that he was not arrested from the spot as such nothing was recovered from his conscious possession, it is also submitted that he has remained in custody for nearly seven months.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in 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 the learned court below where the case is pending/successor court in connection with Hussainganj P.S. Case No. 318 of 2020.

One of the bailor shall be the mother of the petitioner, Reshma Devi.

Further, if the learned court below comes to a conclusion that after release the petitioner is trying to delay the

Patna High Court CR. MISC. No.53984 of 2022(2) dt.04-01-2023 3/3 trial, the court below shall forthwith cancel his bail bonds after recording reasons.

(Satyavrat Verma, J) HarshPandey/- U T