Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2748 of 2022 Arising Out of PS. Case No.-840 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== AKHILESH YADAV Son of Late Mohan Yadav Resident of Village - Fulkaha, Ward no.02, P.s.- Gamharia, Distt.- Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard both sides.

Petitioner seeks regular bail in connection with Madhepura ( Ghailarh ) PS Case No. 840 of 2020 registered for the offence under Section 25 (1-b)a / 26 / 27 / 35 of the Arms Act.

As per the First Information Report the husband of the informant left his house on 04/11/2020 and on 05-11-2020 she was informed by the nephew of the informant that her husband has been killed by somebody and his dead body along with motorcycle of the deceased were taken to hospital by the police. The informant has raised suspicion against the petitioner and nine other accused persons stating that the petitioner was having land dispute with the deceased.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he has not committed any offence as alleged. He next submits that petitioner was not having any land dispute with the deceased

Patna High Court CR. MISC. No.2748 of 2022(2) dt.26-05-2022 2/2 and no case relating to land is pending between the two. The deceased was a dreaded criminal inasmuch as nine cases were registered against the deceased and the possibility that deceased was killed by somebody else may not be ruled out. There is no eye witness to the occurrence and the petitioner has only been made accused on the basis of suspicion.

Regard being had to the submissions made by the parties, taking into consideration the material available on record, the fact that petitioner has been made accused on the basis of suspicion along with 09 other accused persons, he is in custody since 7-9-2021, charge sheet has already been submitted and as such, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura ( Ghailarh ) PS Case No. 840 of 2020.

(Anil Kumar Sinha, J) praful/- U T