DEEPAK KUMAR @ AAKASH KUMAR @ Akash v. The State of Bihar BIHAR

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY Mr.Ajit Kumar Singh Mr.Anish Chandra ORAL ORDER 3 24-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in connection with Azam Nagar P.S. Case No. 68/2021 registered for the offences punishable under Section 392 of the Indian Penal Code. As per prosecution case, on 03.04.2021, four miscreants on two motorcycles arrived at cash counter of Sidhivanayak Petrol Pump, Hajinagar and on the point of pistol, looted Rs 2 lakhs cash and fled away. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. He further submits that petitioner is not named in the FIR and his Patna High Court CR. MISC. No.60566 of 2023(3) dt.24-11-2023 name has been surfaced on the confessional statement of co- accused Santosh Choudhary.

Except confessional statement of co-accused, there is nothing on record to connect the present petitioner with the alleged occurrence. No incriminating article has been recovered from his conscious possession. Petitioner has not been put on Test Identification Parade. It is further submitted that the petitioner is in custody since 09.05.2022. Charge-sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence. Co-accused Sunil Kumar Choudhary @ Khora has already been enlarged on bail by a co-ordinate bench of this Court vide Cr. Misc. No. 55265/2022 and case of the present petitioner stands on similar footing and hence petitioner also deserves bail. Petitioner bears no criminal antecedent. The learned A.P.P. for the State opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, clean antecedent of the petitioner, co-accused on similar and identical allegation has already been granted bail, charge-sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into Patna High Court CR. MISC. No.60566 of 2023(3) dt.24-11-2023 consideration the material available on record, 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 C.J.M., Katinar in connection with in Azam Nagar P.S. Case No. 68/2021, subject to the following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application. (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. asmit/- U T (Alok Kumar Pandey, J)