Patna High CourtCR. MISC./55349/2023bail granted

Akash Kumar v. The State Of Bihar

2023-08-31Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55349 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- BIND District- Nalanda ====================================================== Akash Kumar, S/O- Navin Kumar @ Shankar Kumar R/O- Village- Amawan, P.S.- Bind, Dist- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Bind P.S. Case No. 58 of 2023 dated 23.05.2023 registered for the offences punishable u/ss 399, 402, 419, 420, 120B, 414, 467, 468 and 471 of the Indian Penal Code and u/ss 25(1-b)a/26/35 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons were apprehended with a Bolero vehicle. On search, one loaded country made pistol and two mobiles were

Patna High Court CR. MISC. No.55349 of 2023(2) dt.31-08-2023 2/3 recovered from the possession of the co-accused Kaushal Kumar. One live cartridge and a mobile were recovered from the possession of the co-accused Jitendra Kumar. One mobile was recovered from the possession of the co-accused Sharwan Kumar and one mobile was also recovered from the possession of the Akash Kumar (petitioner). It is further alleged that the petitioner and the co-accused persons were making preparation for committing dacoity.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the possession of the petitioner and the petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.55349 of 2023(2) dt.31-08-2023 3/3 concerned, Biharsharif, Nalanda in connection with Bind P.S. Case No. 58 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T