Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3659 of 2024 Arising Out of PS. Case No.-270 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Akhilesh Kumar Son of Jai Kishun Rai Resident of Village- Rupauli Khurd, P.S.- Bibhutipur, District-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 406, 420, 379 of the Indian Penal Code.

3. As per prosecution case, the allegation is that petitioner has accompanied the informant saying that he is the distant relative and brought on motorcycle but in the way he fled away along with purchased articles mobile phones, two Mangalsutra, five rings, one watch and cash of Rs. 6,500/- from

Patna High Court CR. MISC. No.3659 of 2024(3) dt.21-03-2024 2/3 the informant. It is further alleged that on the next day while the informant was going to police station but in the way informant saw the petitioner and identified him and handed over to the police.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. The informant has not lodged any case on the date of incident but to implicate the petitioner she caught the petitioner with the help of other and handed over to the police due to love affair between the petitioner and her daughter. He further submitted that the as alleged two mobile phones recovered from the petitioner, which does not relate to stolen one. He is languishing in judicial custody since 10.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.3659 of 2024(3) dt.21-03-2024 3/3 satisfaction of the learned C.J.M., Samastipur in connection with Samastipur Town P.S. Case No. 270 of 2023. (Sunil Kumar Panwar, J) Arish/- U T