Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41717 of 2017 Arising Out of PS.Case No. -44 Year- 2013 Thana -DAUDPUR District- SARAN ======================================================

1. Akhilesh Yadav son of Sukhlal Yadav resident of Village - Chamrahia, P.S. - Daudpur, District - Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Daudpur P.S. Case No. 44 of 2013 for offences punishable under Sections 341, 323, 324, 337, 448, 504, 379/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that on the eve of Holi festival, when the nephew of the informant was coming, there was verbal altercation with the petitioner's side, on which the petitioner's side assaulted the nephew of the informant. Specific allegation upon the petitioner is of hitting one Vinod Yadav by giving a sword blow on the head. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the

Patna High Court Cr.Misc. No.41717 of 2017 (3) dt.03-11-2017 2/3 aforesaid case. He submits that the injury report of Vinod Yadav suggests that injury is simple in nature caused by hard and blunt object and that other co-accused have been granted the privilege of bail by co-ordinate Benches of this Court. He further submits that charge-sheet had already been submitted and the petitioner is languishing in judicial custody since 14.07.2017. However, learned APP for the State opposes the prayer for bail stating therein that charge-sheet had already been submitted in the year 2013 but the petitioner has been arrested on 14.07.2017 and has delayed the trial inordinately. Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.

10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Daudpur P.S. Case No.

Patna High Court Cr.Misc. No.41717 of 2017 (3) dt.03-11-2017 3/3 assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) sushma/- U T