Akash Kumar Rai @ Akash Kumar @ Akash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83475 of 2023 Arising Out of PS. Case No.-828 Year-2019 Thana- SONEPUR District- Saran ====================================================== Akash Kumar Rai @ Akash Kumar @ Akash Son Of Maheshwar Ray R/O Village- Manpur, P.S.- Sonepur, Dist.- Saran At Chapra ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar For the Opposite Party/s :
Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.
3. As per allegation in the FIR, informant was returning at about 9.45 p.m. from his duty with his friend namely, Mukesh Kumar, in the meantime, three persons on a motorcycle overtook them and snatched the key of informant's motorcycle. One person pointed pistol on him and snatched his purse, bag containing Rs. 2000/-, license, mobile etc. and also they took his motorcycle and fled away.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither
Patna High Court CR. MISC. No.83475 of 2023(5) dt.19-03-2024 2/2 he is named in the FIR nor put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession. On the basis of his self confessional statement before the police, he has been made accused in the present case. This case is triable by judicial magistrate. Petitioner is languishing in judicial custody since 1.12.2020.
5. The application for bail is opposed by learned APP for the State.
6. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Saran at Chapra in connection with Sonepur P.S. Case No. 828 of 2019.
(Sunil Kumar Panwar, J) sushma/- U