Akhilesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26081 of 2024 Arising Out of PS. Case No.-189 Year-2022 Thana- ANDHRATHARHI District- Madhubani ====================================================== Akhilesh Kumar Singh, Son of Late Yogendra Singh, R/o Village- Pastan, PSAndhratharhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate Ms. Nitu Kumari, Advocate For the State :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no.70 of 2024, Andharathadhi P.S. Case no. 189 of 2022 registered under sections 307 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that he received a gun shot injury in his stomach as a result of which he fell down unconscious. Subsequently, it transpired that it was the petitioner who had fired the shot which hit him.

4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 13.12.2023 (Annexure-P/1) passed in Cr. Misc. no. 65737 of 2023 giving liberty to the petitioner to renew his

Patna High Court CR. MISC. No.26081 of 2024(2) dt.10-04-2024 2/2 prayer for bail after framing of charge. Referring to the order dated 29.2.2024 contained in Annexure-P/3, it is submitted that charge has been framed against the petitioner. The petitioner is in custody since 8.5.2023 and undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, liberty granted to the petitioner by the aforesaid order of rejection dated 13.12.2023 and charge having been framed in the learned trial Court together with the petitioner having remained in custody for 11 months since 8.5.2023, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 70 of 2024 (arising out of Andharathadhi P.S. Case no.189 of 2022) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions III, Jhanjharpur, District- Madhubani.

(Partha Sarthy, J) avinash/- U T