Akhilesh Kumar @Akhilesh Sharma @ Kumar Akhilesh @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36829 of 2017 Arising Out of PS.Case No. -482 Year- 2016 Thana -BEGUSARAI MUFFASIL District- BEGUSARAI ====================================================== Akhilesh Kumar @ Akhilesh Sharma @ Kumar Akhilesh @ Rahul Son of Birju Singh, R/o Village- Rahatpur, P.S.- Ballia, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sada Nand Roy, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.01.2017 in connection with Begusarai Mufassil P.S. Case No. 482 of 2016 for the alleged offences under Sections 302, 379 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and he is not named in the FIR. The thrust of accusation of firing upon the deceased is on co-accused Mannu Singh. Similarly situated co-accused Rishi Raj and Ram Nandan Paswan @ Doman Paswan have been granted bail by this Court in Cr. Misc. No. 15576 of 2017 and Cr. Misc. No. 17453 of 2017 respectively.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with

Patna High Court Cr.Misc. No.36829 of 2017 (3) dt.22-09-2017 Begusarai Mufassil P.S. Case No. 482 of 2016 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T