Akhileshwar Kumar @ Akhileshwar Keshari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41520 of 2024 Arising Out of PS. Case No.-270 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== Akhileshwar Kumar @ Akhileshwar Keshari Son of Prayag Saw Resident of Village- Pinjoroi (Ramasandh), P.S- Sandesh, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Govind Mishra, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-07-2024 Heard learned advocate appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Sandesh P.S. Case No. 270 of 2023, registered for the offences punishable under Sections 447, 341, 323, 304, 34 of the Indian Penal Code.
3. It is alleged that while the informant was sitting along with his father in his house, in the meantime the petitioner along with other co-accused persons came there and started assaulting them. When the uncle of the informant came to rescue his brother, the petitioner and others also assaulted him due to which the informant and his father sustained severe injuries and uncle of the informant died on account of injury
Patna High Court CR. MISC. No.41520 of 2024(2) dt.20-07-2024 2/3 during the course of the treatment.
4. Learned advocate appearing on behalf of the petitioner contended that both the parties are Gotiya and next door neighbours. The alleged occurrence took place on 09.11.2023 at about 5 P.M. and on the same day the uncle of the informant died but surprisingly the F.I.R. has been instituted on 11.11.2023, after cremation of the dead body without any post mortem. It is also the contention of the petitioner that in fact the uncle of the informant died on account of heart ailment while he was under treatment in Paras Hospital. Taking note of the above noted facts this court has allowed the privilege of anticipatory bail to other co-accused persons in Cr. Misc. No.16788 of 2024 vide order dated 20.03.2024. The petitioner bears fair antecedent and undertakes that he will fully cooperate in the proceedings of the Court.
5. On the other hand, learned counsel for the State vehemently opposed the pre-arrest bail application and submitted that the petitioner has actively participated in the crime.
6. Regard being had to the submissions made on behalf of the parties and considering the delay in lodging of the F.I.R. and the fact that the dead body of the uncle of the
Patna High Court CR. MISC. No.41520 of 2024(2) dt.20-07-2024 3/3 informant has been cremated without giving any information to the concerned Police Station coupled with the fact that other coaccused persons having identical allegation have been allowed the anticipatory bail, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ara, Bhojpur, in connection with Sandesh P.S. Case No. 270 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) durgesh/- U T