Patna High CourtCR. MISC./7684/2024bail granted

Akhilesh Kumar @ Akhilesh Kumar Singh v. The State Of Bihar

2024-02-19Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7684 of 2024 Arising Out of PS. Case No.-323 Year-2023 Thana- KORHA District- Katihar ====================================================== Akhilesh Kumar @ Akhilesh Kumar Singh, S/O- Panna Lal Singh, R/OGunjra, P.S.- Barari, Distt.-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-02-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Korha P.S. Case No. 323 of 2023 dated 14.08.2023 registered for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR but during investigation, some witnesses revealed his role in the alleged crime but any specific role of the petitioner was not revealed by any of them and he has got fair and clean antecedent and the main allegation is against co-accused Dilip Mahaldar who allegedly pressed the mouth of the victim. Further submissions are that against the petitioner, the

Patna High Court CR. MISC. No.7684 of 2024(2) dt.19-02-2024 2/2 investigation has been completed and he has been languishing in jail since 29.09.2023.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly taking into account the petitioner's custody period and completion of the investigation against him and the nature of allegation appearing against him coupled with the fact that he is not named in the FIR, in my opinion, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner namedabove be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Korha P.S. Case No. 323 of 2023.

(Shailendra Singh, J) annu/- U T