Akash Kumar @ Aman @ Durlabh Kashyap @ Rakesh Kumar Aman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2541 of 2024 Arising Out of PS. Case No.-399 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Akash Kumar @ Aman @ Durlabh Kashyap @ Rakesh Kumar Aman Son of Gorakh Nath Singh Resident of Village- Bisunpur Baldhari, P.S.- Sadar District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur Sadar P.S. case No. 399 of 2022 instituted for the offences under Sections 392, 411 and 414 of the Indian Penal Code.

3. Prosecution case, in short, is that four unknown miscreants arrived at the place of occurrence on a white coloured Swift Dzire car, whereafter, they had intercepted the informant and had forcibly taken away his pick-up van.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.07.2023 and has two criminal antecedents but he is on bail in all the cases. The petitioner has falsely been implicated in the present case only on the basis of confessional statement of the co-accused, namely Nitish Kumar. No specific overt act is alleged against the

Patna High Court CR. MISC. No.2541 of 2024(2) dt.29-01-2024 2/2 petitioner. The said vehicle in question was recovered from the open place in front of the house of the co-accused, Pushkar Kumar. Learned counsel further submitted that the petitioner has no concern with the recovered vehicle. Learned counsel further submitted that the co-accused person has already been granted bail by a co-ordinate Bench of this Court vide order dated 09.12.2022 passed in Cr. Misc. No. 50422 of 2022.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S. case No. 399 of 2022.

(Rudra Prakash Mishra, J) Alok Verma/- U T