Akash Sah @ Aakash Kumar @Aakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67818 of 2022 Arising Out of PS. Case No.-74 Year-2022 Thana- MANSURCHAK District- Begusarai ====================================================== Satyam Kumar @ Chhotu @ Sundram Anand S/O Binod Kumar @ Binod Jha @ Bijali Jha R/O Village- Samsa, Ward No- 7, P.S- Mansoorchak, DistrictBegusarai ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72329 of 2022 Arising Out of PS. Case No.-74 Year-2022 Thana- MANSURCHAK District- Begusarai ====================================================== Akash Sah @ Aakash Kumar @Aakash S/O Mr. Ashok Sah @ Ashok Kumar Satyadeo R/O Village- Samsa Ward No. 10, P.S.- Mansurchak, DisttBegusarai. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 67818 of 2022) For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Ramchandra Sahni (In CRIMINAL MISCELLANEOUS No. 72329 of 2022) For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302, 380, 506/34 of the Indian Penal Code and Section

Patna High Court CR. MISC. No.67818 of 2022(5) dt.10-05-2023 2/3 27 of the Arms Act.

As per prosecution case, the accusation against the petitioners along with other co-accused is of committing robbery from the house of informant and during course of this incident, co-accused Abhinav Singh fired upon informant's husband due to which he received gun shot injury and shot dead.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The specific overt-act is against co-accused namely, Abhinav Singh who fired upon the husband of the informant due to which he died. The allegation against this petitioners is only that they were present at the place of occurrence at the time of offence. During investigation, no any consistent evidence has come against the petitioner. The petitioners are languishing in judicial custody since 17.8.2022 and 24.08.2022 respectively.

Patna High Court CR. MISC. No.67818 of 2022(5) dt.10-05-2023 3/3 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 as well as custody of the petitioners, this court is inclined to enlarge the petitioner on bail. The above named petitioners are directed to be released on bail in connection with Mansurchak P.S. Case No. 74 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai.

(Sunil Kumar Panwar, J) Shageer/- U T