Akhilesh Yadav @ Akhilesh Kumar @ Akhileshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54987 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- KHUDWA District- Aurangabad ====================================================== Akhilesh Yadav @ Akhilesh Kumar @ Akhileshwar Kumar Son of late Dudheshwar Yadav Resident of Village- Bandhu Bigha, P.S. Obra, DistrictAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in short, is that on 31.07.2018 a quarrel took place between two parties on the point of land. In the meantime Sujeet Shukla opened fire with pistol, which hit mother of the informant leading to her death and Jhunnu Kumar also opened fire with pistol which caused injury to Vinay Paswan.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.54987 of 2018(2) dt.01-10-2018 2/2 of tampering of witnesses alleged against the petitioner. As per the allegation, Sujeet Shukla is alleged to have fired upon the deceased causing his death. It is further alleged that Jhunnu Kumar had fired causing injury to Vinay Paswan. The alleged occurrence is said to have taken place due to land dispute. The petitioner is said to be member of unlawful assembly. He is 70 years old and suffering from cancer.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, District Aurangabad in connection with Khudwan P.S. case No.31 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T