Akhilesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14573 of 2023 Arising Out of PS. Case No.-300 Year-2014 Thana- JAHANABAD District- Jehanabad ====================================================== Akhilesh Sharma S/o Late Brijnandan Sharma @ Brinandan Singh R/o Mohalla- Nizamuddnpur, P.S. and Distt- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is not named in the F.I.R. and apprehend his arrest in connection with Jehanabad P.S. Case No. 300 of 2014 registered for the offences punishable under Sections 147, 148, 149, 323, 341, 337, 354, 325, 504 and 506 of the Indian Penal Code (in short 'I.P.C.').

The allegation against this petitioner is to assault informant and others alongwith other co-accused persons and also outrage her modesty during the course of occurrence itself. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced during the course of investigation on the basis of CCTV footage where allegation is appearing very much general and omnibus against this

Patna High Court CR. MISC. No.14573 of 2023(2) dt.24-05-2023 2/2 petitioner without specifying any overt act. It is submitted that petitioner implicated in present case out of previous enmities and furthermore, the prayer of anticipatory bail rejected by court below for the only reason that he found involved in three more criminal cases, where he is on bail without taking note of the merit available, benefiting petitioner in present case. Learned APP for the State opposes the prayer of bail.

Considering the aforesaid facts and circumstances and by taking note of nature of allegation which is appearing very much general and omnibus against this petitioner, accordingly, the above named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks of this order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad/concerned Court, where the case is pending in connection with Jehanabad P.S. Case No. 300 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T