Patna High CourtCR. MISC./14836/2023dismissed

Akhilesh Kumar v. The State Of Bihar

2023-05-29Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14836 of 2023 Arising Out of PS. Case No.-203 Year-2021 Thana- DHARHARA District- Munger ====================================================== AKHILESH KUMAR SON OF PARMESHWAR YADAV R/O VILLAGEMAHRANA, POST AND P.S.- DHARHARA, DISTRICT- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan Sinha For the Opposite Party/s :

Ms. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-05-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Dharhara P. S. Case No. 203 of 2021, registered for the offences punishable under Sections 341, 323, 308, 504, 506 and 34 of the Indian Penal Code.

The prosecution case as emerges from the FIR is that the petitioner assaulted the informant by means of iron

Patna High Court CR. MISC. No.14836 of 2023(2) dt.29-05-2023 2/3 rod on her forehead.

Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is in custody since 18.10.2022 i.e., for more than six months. He also submits that the both the parties are Gotiyas and due to petty dispute of drainage, the said incident had taken place. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail submitting that the allegation against the petitioner is serious in nature because as per the allegation he assaulted the victim on the vital part of the body i.e., forehead causing grievous injury. Considering the nature of allegation and the injury caused by the petitioner, I am not persuaded to enlarge the petitioner on bail at this stage.

Patna High Court CR. MISC. No.14836 of 2023(2) dt.29-05-2023 3/3 The prayer for bail is rejected.

However, the petitioner will be at liberty to renew his prayer for bail after nine months.

(Jitendra Kumar, J) skm/- U