Bulki @ Akshay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42496 of 2022 Arising Out of PS. Case No.-171 Year-2020 Thana- BEERPUR District- Begusarai ====================================================== RAJESH SAHNI Son of Ramdeo Sahni Resident of Village - Ward no.07, Village - Rampur Keshopatti Bejhadih, P.s.- Muffasil, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 56312 of 2022 Arising Out of PS. Case No.-171 Year-2020 Thana- BEERPUR District- Begusarai ====================================================== BULKI @ AKSHAY KUMAR Son of Karmchari Sahni Resident of Village - Maniyarpur, P.s.- Vidyapatinagar (Ghataho OP), Distt.- Samastipur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 42496 of 2022) For the Petitioner/s :
Mr. Kumar Praveen, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP (In CRIMINAL MISCELLANEOUS No. 56312 of 2022) For the Petitioner/s :
Mr. Dinesh Maharaj, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-03-2023 As both the criminal miscellaneous petitions have arisen out of same P.S. case, hence they are being taken up and decided together.
Let the defect(s), if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsels for the petitioners and the
Patna High Court CR. MISC. No.42496 of 2022(5) dt.20-03-2023 2/3 learned APPs for the State.
Petitioners seek regular bail in connection with Beerpur P.S. Case No.171 of 2020 registered for the offences punishable under Sections 394 and 397 of the Indian Penal Code.
As per the prosecution, the informant (branch manager) alleged that a cash of Rs.6,65,570/- was looted by some unknown miscreants by brandishing weapons. The main submissions advanced by learned counsels for both the petitioners are that the petitioners have been dragged in this case mainly on the basis of confessional statement of one co-accused namely Chandan Paswan, who has been granted bail by a Co-ordinate Bench of this Court vide order passed in Cr. Misc. No.45682 of 2021 and five other coaccused persons carrying similar nature of allegation have also been granted bail by different Benches of this Court vide orders passed in Cr. Misc. Nos.45324 of 2021, 44633 of 2021, 46531 of 2021, 38950 of 2021 and 55897 of 2021 and the case of both the petitioners stands on better footing from them on the ground of their custody period and after their arrest in the present matter the police did not conduct Test Identification Parade in respect of the involvement of petitioners in the alleged crime and
Patna High Court CR. MISC. No.42496 of 2022(5) dt.20-03-2023 3/3 nothing incriminating nor looted money was recovered from the possession of the petitioners and petitioners Rajesh Sahni and Bulki @ Akshay Kumar have been languishing in jail since 17.02.2021 and 22.02.2022 respectively.
Learned APPs appearing for the State have opposed the bail prayer of both the petitioners but fairly accepted that several co-accused persons have been granted bail by different Benches of this Court vide orders passed in above-mentioned Cr. Misc. cases and as per impugned order except confessional statement of co-accused there is no any other material against the petitioner.
In view of the facts, as stated above, and mainly considering the petitioners' custody period and the privilege of bail having been granted to several co-accused persons by different Benches of this Court, in the opinion of this Court a lenient approach can be taken in respect of the petitioners' prayer, let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Beerpur P.S. Case No.171 of 2020. (Shailendra Singh, J) sangam/- U T