Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14894 of 2020 Arising Out of PS. Case No.-200 Year-2019 Thana- PARAIYA District- Gaya ====================================================== Akhilesh Yadav Son of Late Janki Yadav Resident of Village - Girdhara, P.S.- Paraiya, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

02-06-2020 Heard learned counsel for the parties through video conferencing.

This relates to grant of bail in Paraiya P.S. Case No. 200 of 2019, registered for the offence under Sections 447, 341, 323, 504, 506, 308 and 379/34 of the Indian Penal Code. As per First Information Report, all the accused persons, named in the F.I.R., on 27-10-2019, abused and assaulted the informant with iron rod, lathi and danda and when the brother of informant came to save him (informant), he was also assaulted by the accused persons.

It is submitted on behalf of petitioner that there is case and counter case. Case lodged from the petitioner's side is prior to the present case i.e. Paraiya P.S. Case No. 183 of 2019. It is further submitted that the present case has been lodged after

Patna High Court CR. MISC. No.14894 of 2020(3) dt.02-06-2020 2/2 delay of 9 days of the occurrence and there is no explanation for this. The petitioner is in custody since 10-12-2019, having no criminal antecedent.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - III, Gaya in connection with Paraiya P.S. Case No. 200 of 2019 on the following conditions:

"(1) Petitioner shall cooperate 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 absence on two consecutive dates without sufficient reason, his 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 for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay U T