Dismissed¶20

Akshay Kumar @ Akshay Kumar Rai v. The State of Bihar

Patna HC3 Apr 2024CR. MISC./555/2024

Case brief

AI extract

What is this about?

Anticipatory bail REJECTED - Patna High Court, Criminal Miscellaneous No.555 of 2024, Dr. Anshuman, J., order dated 03-04-2024; petitioner Akshay Kumar @ Akshay Kumar Rai apprehending arrest in Garkha P.S. Case No. 791 of 2021 (lodged 22.11.2021, Section 395 IPC - armed looting of Rs. 1,55,000/- cash, mobile phone and bike at gun point by six unidentified miscreants), case pending before A.D.J.-XII, Saran at Chapra; counsel cited implication via co-accused confession and one pending criminal case; APP for the State opposed the prayer; Court not inclined to grant bail.

What did the court decide?

In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner, and accordingly the prayer for anticipatory bail is rejected. ¶20

Akshay Kumar @ Akshay Kumar Rai Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.555 of 2024

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Arising Out of PS. Case No.-791 Year-2021 Thana- GARKHA District- Saran

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======================================================

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Akshay Kumar @ Akshay Kumar Rai S/o Bhuteli Ray @ Ganesh Ray Resident of Village- Ismmailpur Gadhwal tola P.O. Rampur P.S. Garkha DisttSaran at Chapra Godhwal tola

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Rajani Kumari, Adv. For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

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ORAL ORDER

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4 03-04-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending arrest in connection with Garkha P.S. Case No. 791 of 2021 lodged on 22.11.2021 for the offences punishable under Section 395 of the Indian Penal Code pending before the learned A.D.J.-XII, Saran at Chapra.

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As per the prosecution story, six unidentified miscreant boarded on two motorcycle stopped the informant and assaulted him and looted Rs. 1,55,000/- cash, mobile phone and bike on the gun point.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner has been falsely implicated in

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Patna High Court CR. MISC. No.555 of 2024(4) dt.03-04-2024 2/2

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this case due to confessional statement of co-accused. Counsel further submits that the criminal antecedent of the petitioner is

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not clean and there is one criminal case pending against him.

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