Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60161 of 2025 Arising Out of PS. Case No.-383 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Akash Kumar S/O Mishrilal Prasad Yadav Resident of Village- Kadamwa Yadav Tola, P.S- Ghorasahan, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-12-2025 Heard the parties.
2. The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 383 of 2024 registered for the offences under Sections 310(4), 310(5) and 112 BNS and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. The petitioner is named in the F.I.R. and is in custody since 17.02.2025.
4. The allegation against the petitioner is to involve in preparation of dacoity along with other co-accused persons.
5. Learned counsel appearing on behalf of the petitioner submitted that name of petitioner transpired in this case on the basis of disclosure made by apprehended coaccused person and, therefore, admittedly nothing recovered
Patna High Court CR. MISC. No.60161 of 2025(2) dt.05-12-2025 2/3 from his possession, which may suggest his involvement with the preparation of dacoity. It is pointed out that one of the reason behind implication of petitioner with the present case is his criminal antecedents as he found involved in 5 more cases, where he is on bail and in most of the cases his name appears on the basis of suspicion like present case. It is also submitted that co-accused Sachin Kumar who disclosed the name of this petitioner has already granted bail by this Court through Cr. Misc. No. 1872 of 2025 dated 22.03.2025. While concluding the argument it is submitted that investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP, opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of disclosure of apprehended co-accused prima-facie nothing recovered from the possession of this petitioner as to suggest his involvement with present crime in question, coupled with the fact as petitioner remains in custody since 17.02.2025, accordingly above named petitioner, is directed to be released
Patna High Court CR. MISC. No.60161 of 2025(2) dt.05-12-2025 3/3 on bail in connection with Ghorasahan P.S. Case No. 383 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 21st Additional Sessions Judge, East Champaran, Motihari/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J.) S.Tripathi/- U T