Akhilesh Kumar @ Akhilesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7732 of 2025 Arising Out of PS. Case No.-560 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Akhilesh Kumar @ Akhilesh Sah Son of Rajendra Sah Resident of VillageHariharpur, P.S.- Sadar, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-05-2025 Learned counsel for the petitioner seeks permission to correct the year of P.S. Case in prayer portion of the application, in course of the day. Permission is accorded.
2. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. The petitioner seeks bail in connection with Sadar P.S. Case No. 560 of 2023 dated 17.07.2023 instituted for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.
4. The prosecution case, in short, is that on the alleged date of occurrence, the informant got information that his daughter, namely, Kumkum Devi was lying on east lane of the road at 100-200 meters ahead from Ghoswar Petrol Pump and thereafter has been brought to Sadar Hospital, Hajipur.
Patna High Court CR. MISC. No.7732 of 2025(3) dt.12-05-2025 2/3 Thereafter the informant went to the house of his daughter where his maternal grandson (Nati) told him that his daughter along with one uncle, who used to sit at the shop of the petitioner, had gone to bring grain at the PDS shop, but she did not return. It is alleged that earlier an altercation took place between his daughter and the petitioner. The informant has suspicion that the petitioner and the person who used to sit at the shop of Akhilesh Sah have committed murder of his daughter.
5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the informant went to the house of his daughter, then his maternal grandson told that his daughter at about 4 pm along with one uncle who used to sit at the shop of the petitioner had gone to bring grain at the PDS shop (Kota) but she did not return. During the investigation, the name of the said person has been revealed as Birju with whom the daughter of the informant had gone, but she did not return till the date of loding of the F.I.R. Learned counsel for the petitioner further submits that there is no material against the petitioner in the case diary and also there is no eye witnesses to the occurrence. Only on the basis of suspicion, the petitioner has been made accused in this case.
Patna High Court CR. MISC. No.7732 of 2025(3) dt.12-05-2025 3/3 Lastly, it has been submitted that the petitioner is in custody since 19.10.2024 having no criminal antecedents. Charge-sheet has been submitted in the case.
6. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Sadar P.S. Case No. 560 of 2023. (Khatim Reza, J) premchand/- U T