Akhilesh Kumar @ Dhoni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37984 of 2021 Arising Out of PS. Case No.-63 Year-2018 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Akhilesh Kumar @ Dhoni S/O Sitaram Singh @ Sitaram Mahto Resident of Village- Pyarechowk (Gadhsisaie), P.S.-Vidyapatinagar, District Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-03-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by Stamp Reporter within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Vidyapatinagar P.S. Case No. 63 of 2018 registered for the offences punishable under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act. He is in custody since 27.01.2021 and has two criminal antecedents. Learned counsel for the petitioner submits that as per the prosecution story, the informant, who was in her maika, received information that her husband has been shot. On this information, she reached her Sasural and found the dead body of

Patna High Court CR. MISC. No.37984 of 2021(6) dt.23-03-2022 2/3 her husband having injuries on chest and rib. It is further alleged that Mithilesh Kumar Rai and Mankhush Singh had called the husband of the informant and he went with them to attend the marriage and after one hour received information that this petitioner fired upon the husband of the petitioner and the deceased was taken to hospital where he died. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 27.01.2021. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the materials showing that this petitioner is named as one of the accused who had called the deceased and the petitioner is said to have fired upon the husband of the informant and further that the petitioner has been taken on remand in this case only after his arrest in another case after two and half years of rejection of his prayer for anticipatory bail and this has led to split up of the records and has delayed the trial of the petitioner, this Court is not inclined to release the petitioner on bail at this stage. The prayer for regular bail of the petitioner is, thus, rejected.

Patna High Court CR. MISC. No.37984 of 2021(6) dt.23-03-2022 3/3 Mr. Sanjay Kumar Suman, A.S.I. is present with the case diary. He is returned with the same.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.