Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66294 of 2021 Arising Out of PS. Case No.-579 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== Akash Kumar S/o Bijendra Saw R/o village- Bhadhwar, P.S.- Chandi, District- Arah, Bihar, At present Kagizi Mohalla, C/o Ranjit Kumar, S/o Jagarnath Yadav, P.S.- Danapur, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under section 392 of the Indian Penal Code in connection with Phulwarisharif (Janipur) P.S. 579 of 2021.

As per the allegation in the FIR, the informant and his friend alighted at the Danapur Railway Station having travelled all the way from Pune and reserved an auto and further was returning home where it is alleged that the auto driver in the garb of attending call of nature contacted his associate and thereafter the said co-accused looted them of their belongings including Rs. 13,000/-, two smart phones. Later the informant lodged this FIR.

Patna High Court CR. MISC. No.66294 of 2021(5) dt.22-08-2022 2/3 The case was registered against unknown and subsequently during the investigation, it came to light that the Auto that was used in the crime as also the looted mobile has alleged to have been recovered from the petitioner and whereafter he made confession and gave the name of other accused.

Learned counsel for the petitioner submits that he has no criminal antecedent and for the said alleged act, he has suffered a lot by being jail since 27.7.2021 (as stated in para-17 of the bail application). He further submits that if released on bail, he is ready to abide by all terms and conditions. Taking into account the fact that the petitioner is in custody since 27.7.2021, the charge-sheet stands submitted and he has no criminal antecedent, this Court is inclined to grant him the privilege of bail subject to strict conditions. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate-IX, Patna, in connection with Phulwarisharif (Janipur) P.S. 579 of 2021 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show

Patna High Court CR. MISC. No.66294 of 2021(5) dt.22-08-2022 3/3 his/her 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 reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every months till conclusion of the trial to mark his presence;

(iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his 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 his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T