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Patna High CourtCR. MISC./8223/2025bail granted

Aklesh Kumar @ Akhilesh Kumar v. The State Of Bihar

2025-03-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8223 of 2025 Arising Out of PS. Case No.-503 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Aklesh Kumar @ Akhilesh Kumar S/O Nandu Mahto R/o VillageNaurangiya, P.S.- Madhuban, District- East Champaran 2.

Ranjan Kumar S/O Vishwanath Chaudhary R/o Village- Taksari, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim, Advocate For the Opposite Party/s :

Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-03-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 109, 117(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, grandson of informant went to house of petitioners and asked for payment of ploughing work done by tractor. Thereafter, all the FIR named accused persons including these petitioners caught the informant's grandson and assaulted him by means of iron rod and garasa causing him injuries.

4. It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case due to village politics. Allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. Petitioners claim clean antecedent. F.I.R. has been lodged after

Patna High Court CR. MISC. No.8223 of 2025(2) dt.06-03-2025 2/2 delay of four days without any explanation which renders the entire prosecution case doubtful. Petitioners claim clean antecedent.

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

6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Motihari, East Champaran in Madhuban Police Station Case No. 503/2024, subject to the conditions laid down under section 482 of the the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Shashi U T