Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64214 of 2022 Arising Out of PS. Case No.-118 Year-2013 Thana- AMAS District- Gaya ====================================================== Akhilesh Kumar Son Of Kedar Singh R/O Vill.- Barhiyabagh, Takia, P.S.- Sasaram, Distt.- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Opposite Party/s :

Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 353/307/34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution story, informant alleged that he got an information that the some miscreants are evading towards the east side of Amas Toll Plaza along with one looted vehicle. Informant along with police party chased them but after firing upon the police they managed to flee away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. From perusal of

Patna High Court CR. MISC. No.64214 of 2022(2) dt.21-02-2023 2/2 the FIR, no person injured in as such alleged offence. Neither TIP has been held nor any incriminating articles have been found from the conscious possession of the petitioner which shows his complicity in the case. There is no consistent evidence found against the petitioner. Moreover, the petitioner is languishing in judicial custody since 04.07.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amas P.S. Case No. 118 of 2013 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati (Gaya), District Gaya.

(Sunil Kumar Panwar, J) Aman/Manish U T