Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52447 of 2016 Arising Out of PS.Case No. -569 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== AKHILESH KUMAR, SON OF BINDESHWARI YADAV, RESIDENT OF VILLAGE- BARI KOTHIA, POLICE STATION- MUFFASIL KHAGARIA, DISTRICT- KHAGARIA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Dhirendra Kumar Jha, Adv. For the Opposite Party/s : Mr. Sri Rajkishore Singh, APP ====================================================== ORAL ORDER CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI 17-02-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

While informant along with his brother-in-law was coming over motorcycle was waylaid by the criminals so named therein including the petitioner and further after shooting, informant was lifted by the miscreants with dishonest intention however, on account of arrival of the police was recovered from the house of one Hareram. Petitioner along with Hareram was arrested. It has been submitted on behalf of petitioner that he happens to be driver of Xylo and so, he has got no direct connectivity with the alleged occurrence. It has also been submitted that there happens to be some sort of inconsistency in between the fardbeyan as well as statement recorded under Section 164 Cr.P.C. Also submitted that petitioner is in custody since the day of his arrest dated 24.09.2016.

The learned Additional Public Prosecutor opposed the prayer.

Patna High Court Cr.Misc. No.52447 of 2016 (3) dt.17-02-2017 Considering the manner of occurrence, for the present I do not see it a fit case for grant of bail. Accordingly, prayer for bail is rejected. If so advised may renew after examination of the informant. (Aditya Kumar Trivedi, J.) Prakash Narayan U T