Aakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6587 of 2024 Arising Out of PS. Case No.-72 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== Aakash Singh, S/o Sanjay Singh, Resident of Village -Fatehpur kusumha P.S Madanpur Dist- Deoriya (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Gopalpur P.S. Case No. 72 of 2023, registered for the alleged offences under Sections 399, 413, 414/34 of the Indian Penal Code and Section 25 (1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, police received information about gathering of few miscreants with their motorcycles for committing some crime. A raid was conducted and two co-accused persons with their motorcycles were apprehended and one miscreant fled away and the apprehended co-accused disclosed that escaped person was the petitioner.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.6587 of 2024(3) dt.09-04-2024 2/3 the petitioner is innocent and has been falsely implicated in this case. The petitioner has not been apprehended from the spot and nothing incriminating has been recovered from the person/possession of the petitioner. The name of the petitioner was disclosed by the co-accused Ashutosh Kumar due to previous enmity. Th petitioner was not even present at the spot. The petitioner is having criminal antecedent of one case in which he is on bail.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering completely vague and remote nature of allegation with possibility of false accusation, let the petitioner, above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, 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, Gopalganj, in connection with Gopalpur P.S. Case No. 72 of 2023, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:

Patna High Court CR. MISC. No.6587 of 2024(3) dt.09-04-2024 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T