Akhilesh Das @ Akhilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32686 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Akhilesh Das @ Akhilesh Kumar S/O Mukhlal Das @ Mukhalal Das Resident of village - Lahan Dhaka, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Dhaka P.S. Case No. 302 of 2024 instituted for the offences under Sections 191(2), 191(3), 190, 329(4), 324(4), 326(g), 115(2), 109, 132, 221, 121(1), 121(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the accused persons including the petitioner got enraged when the deceased was declared dead at the hospital and assaulted the medical staff and set an ambulance on fire. Later on, their identification was established through video footage.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.32686 of 2025(2) dt.14-05-2025 2/2 general and omnibus allegation has been made against the petitioner. No specific allegation has been alleged against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.02.2025 and has two criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 03.04.2025 passed in Cr. Misc. No. 18419 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the 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 Court below/concerned Court in connection with Dhaka P.S. Case No. 302 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T