Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73923 of 2024 Arising Out of PS. Case No.-229 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Akash Kumar Son of Radheshyam Keshri Resident of village - Anand Nagar Ara, P.S.- Ara Town, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 379(b) of the IPC. 3.

Allegedly, three persons riding on a motorcycle came and snatched the mobile of the brother of the informant. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, as alleged, has ever taken place. It is submitted that the petitioner is not named in the FIR. One co-accused person was apprehened by the police who disclosed the name of the petitioner and the theft mobile phone is said to have been recovered from the possession of apprehended co-accused. Petitioner has no

Patna High Court CR. MISC. No.73923 of 2024(2) dt.26-10-2024 2/2 criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, and the fact that the name of the petitioner transpired on the basis of confessional statement of the co-accused, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of eight weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ara Nawada P.S. Case No.229 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 7.

However, learned court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner has any criminal antecedent other than the present one, his bail bond shall not be accepted.

(Anjani Kumar Sharan, J) priyanka/- U T