Akhilesh Ray @ Akhilesh Pd. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1810 of 2018 Arising Out of PS. Case No.-259 Year-2011 Thana- MARHAURA District- Saran ====================================================== Akhilesh Ray @ Akhilesh Pd. Yadav, Son of Laxman Ray, Resident of Village- Pojhi Bhualpur, P.S.- Marhourah, District- Saran at Chapra (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Adv For the Opposite Party/s :

SMT. SHARDA KUMARI, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Marhourah Police Station Case No. 259 of 2011 (Sessions Trial No. 641 of 2012) registered for the offence punishable under Sections 147, 148, 149, 353, 332 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

Informant is the police Sub Inspector who in his written information has stated that on 06.11.2011, he alongwith other officials went to arrest accused Laxman Rai accused in P.S Case No. 142 of 2010, and when he reached his residence the accused persons including the petitioner started indiscriminate firing from the roof of the house on the officials who had gone there to apprehend Laxman Rai.

Patna High Court Cr.Misc. No.1810 of 2018(3) dt.02-02-2018 2/2 It has been submitted on behalf of the petitioner that similarly situated co-accused persons have been granted bail by a co-ordinate bench of this Court vide order dated 23.02.2012 passed in Criminal Miscellaneous No. 5285 of 2012. It has further been submitted that no injury has been caused to anyone and petitioner has been falsely implicated in this case. Petitioner is in custody since 30.11.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Chapra, Saran in connection with Marhourah Police Station Case No. 259 of 2011 (Sessions Trial No. 641 of 2012).

(S. Kumar, J) ranjan/- U