Aklesh Yadav @ Akhilesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47873 of 2021 Arising Out of PS. Case No.-141 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== AKLESH YADAV @ AKHILESH PRASAD Son of Parmeshwar Yadav Resident of Village- Mishi, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Munish Kumar, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, it is stated that in retaliation to an occurrence which took place on 20.5.2020 the four named accused persons including the petitioner herein came variously armed and started to abuse and threaten that the earlier case lodged against Bacho Jha and others should be withdrawn. It is stated that Shambhu Yadav fired from his pistol injuring the informant and as a result of firing by Lanka Yadav, Ayodhya Prasad was injured.

Patna High Court CR. MISC. No.47873 of 2021(2) dt.09-02-2022 2/2 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Although the petitioner has been named as one of the accused in the FIR, however the allegations are mainly against Shambhu Yadav and Lanka Yadav. The petitioner is in custody since 19.4.2021 and charge sheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegations in the FIR and the petitioner having remained in custody for 9 months, the Court directs the petitioner to be enlarged on bail in connection with S.T. no. 400 of 2020 (arising out of Bakhtiyarpur P.S. Case no. 141 of 2020) 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 Addl. District and Sessions Judge IV, Barh.

(Partha Sarthy, J) Prakash/- U