Akhilesh Chandra @ Akhilesh Chandra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37164 of 2015 Arising Out of PS.Case No. -71 Year- 2015 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Akhilesh Chandra @ Akhilesh Chandra Prasad (Advocate) son of late Kapileshwar Chandra Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 447, 323, 324, 307, 379, 504/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that the accused persons came variously armed and started abusing the informant on protest being made on the order of this petitioner Akhilesh Chandra @ Akhilesh Chandra Prasad, co-accused Pawan Kumar caused injury with 'farsa' on the head of the informant when father of the informant came to rescue, co-accused Aditya Kumar resorted to fire but it did not cause any injury and, thereafter,

Patna High Court Cr.Misc. No.37164 of 2015 (2) dt.14-09-2015 2/2 co-accused Kundan Kumar caused injury to the informant with 'lathi'. It is further alleged that co-accused Kundan Kumar snatched gold chain from the neck of the informant and handed over to the petitioner whereas c-accused Aditya Kumar committed theft of Rs.17550/- from the cash box of the shop of the informant.

It is submitted by learned counsel for the petitioner that the accusation of assault is not against the petitioner. Moreover, statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent and there is counter version of the occurrence also.

The aforesaid facts constitute ground for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Ramgarhwa P.S. Case No.71 of 2015, pending before the learned SDJM, Raxaul, Motihari, East Champaran. With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T