Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11945 of 2024 Arising Out of PS. Case No.-113 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

Akhilesh Kumar Son of Govind Rai Resident of village - Panditpur, Tola Badagachhi, P.S.- Piprakothi ,District- East Champaran. 2.

Chandan Kumar Son of Govind Rai Resident of village - Panditpur, Tola Badagachhi, P.S.- Piprakothi ,District- East Champaran. 3.

Bipati Devi Wife of Sanjay @ Sanjay Rai Resident of village - Panditpur, Tola Badagachhi, P.S.- Piprakothi ,District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 448, 504 of the Indian Penal Code.

3. Allegedly, after some altercation, all the accused persons including the petitioners are said to have assaulted the informant's side brutally with deadly weapons due to which they sustained injuries.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and they have committed no offence. No such occurrence as alleged ever took place. They have been falsely implicated in this case due to ulterior motive.

Patna High Court CR. MISC. No.11945 of 2024(2) dt.12-03-2024 2/2 The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is specific allegation against other co-accused persons. There is admitted land dispute between the parties. Petitioner have no criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Piprakothi P.S. Case No. 113 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T