Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21926 of 2021 Arising Out of PS. Case No.-298 Year-2018 Thana- AMAS District- Gaya ====================================================== Akhilesh Yadav Son Of Ram Pratap Yadav R/O Village- Baital Panchrukhia, P..S- Raushanganj, Dist.- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 302/34 and other ancillary sections of the Indian Penal Code. As per the prosecution case, maternal uncle of the informant left for boarding the bus for Kolkatta. Next day he came to know that his dead body was found lying on the side of Gt Road.

Learned counsel for the petitioner submits that the FIR is against unknown and Petitioner's name has figured during course of investigation in confessional statement of coaccused Sujit Kumar @ Golu who has also been allowed bail

Patna High Court CR. MISC. No.21926 of 2021(2) dt.15-07-2021 2/3 vide order passed in Cr.Misc.No. 73232/2019. Petitioner is in custody since 11.12.2019.

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

Considering the rival submissions of the parties, materials available on the record and the fact that Petitioner's name has figured during course of investigation in confessional statement of co-accused and Similarly situated co-accused has already been allowed bail, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sherghatti Gaya in Amas Police Station Case No. 298 of 2018/ GR No. 2368 of 2018 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.21926 of 2021(2) dt.15-07-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T