Patna High CourtCR. MISC./32379/2021bail granted

Akhilesh Prasad @ Akhilesh Kumar v. The State Of Bihar

2021-11-29Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32379 of 2021 Arising Out of PS. Case No.-306 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== Akhilesh Prasad @ Akhilesh Kumar S/O Late Jagdish Mahto R/O VillageBasanbigha, P.S.-Khizarsarai, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rohit Mishra, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Khizarsarai P.S. Case No. 306 of 2020 dated 18.10.2020 instituted for the offences under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 28.11.2020, charge-sheet has been submitted in the case and is a person with clean antecedent. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that allegation of assault is against Azad Kumar and Vikram Kumar and against this petitioner it is alleged that he dragged the informant by tying towel in his neck.

Patna High Court CR. MISC. No.32379 of 2021(2) dt.29-11-2021 2/2 Learned counsel for the petitioner submits that the entire family members have been implicated in the present case and this petitioner is father of co-accused Azad Kumar and Vikram Kumar and is aged about 50 years.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 28.11.2020, he is not alleged to have assaulted the victim and that he is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Gaya in connection with Khizarsarai P.S. Case No. 306 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. (Satyavrat Verma, J) Rishi/- U T