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Patna High CourtCR. MISC./83472/2025bail granted

Akash Kumar v. The State Of Bihar

2026-01-17Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83472 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- TARAIYA District- Saran ====================================================== Akash Kumar S/O Upendra Singh @ Upendra R/O Vill- Bhorhan, P.S.- Panapur, Dist- Saran 841424 ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Jeetendra Narayan, Advocate For the State :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-01-2026 Heard Mr. Jeetendra Narayan, learned counsel for the petitioner and Mr. Bishweshwar Ram, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 17.07.2025, in connection with Taraiya P.S. Case No. 88 of 2025, F.I.R. dated 03.04.2025 registered for the offences punishable under Sections 309(4) of B.N.S.

3. The F.I.R. of the occurrence of robbery and looted informant's motorcycle is against unknown.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of self confessional statement

2/4 of the petitioner which was recorded in another case bearing Taraiya P.S. Case No. 89 of 2025 and the petitioner has been implicated in the present case. He further submits that till date no test identification parade was conducted by the prosecution and recovery has been made from the house of co-accused person namely Deepak Kumar Singh and except the self confessional statement of the petitioner, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 17.07.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries six more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that out of six cases, the petitioner is on bail in four cases and two cases are pending for consideration before the competent court of law.

6. Considering the facts and circumstances of the case and the fact that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of self

3/4 confessional statement of the petitioner which was recorded in another case and till date no TIP was conducted by the prosecution, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Saran at Chapra in connection with Taraiya P.S. Case No. 88 of 2025, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order

4/4 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T