Akhilesh Kumar @ Akhilesh Ray @ Kattaria v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82471 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- DESARI District- Vaishali ====================================================== Akhilesh Kumar @ Akhilesh Ray @ Kattaria Son of Kapil Ray, R/O VillageNayagaon (Ganiyari), P.S.- Desari, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kshem Sharma, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner seeks regular bail in connection with Desari PS Case No. 192 of 2023 dated 01.06.2023, for the offence registered under Section 392 of the Indian Penal Code. 3.

As per the prosecution case, two miscreants while riding on bike, snatched the golden chain from the neck of the informant and fled away.

4.

Learned counsel for the petitioner submits that FIR has been lodged against unknown persons and he has been falsely implicated in this case. He further submits that due to criminal antecedents the petitioner was arrested and his confessional statement was recorded, which has no evidentiary

Patna High Court CR. MISC. No.82471 of 2023(3) dt.18-01-2024 2/2 value. The police has falsely shown the recovery of chain from the petitioner. He further submits that the petitioner has four criminal antecedents, two of which fall under Excise Act, and he has got bail in all the said cases, and chargesheet has already been submitted and there is no chance of absconding or tampering of the evidence by the petitioner. He lastly submits that the petitioner is in judicial custody since 03.06.2023 for a period of around seven months.

5.

Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner. 6.

Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named-above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Hajipur at Vaishali in Desari PS Case No. 192 of 2023.

(Sunil Dutta Mishra, J) Shahnawaz/- U T