Akhilesh Prasad @ Teyagi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68974 of 2018 Arising Out of PS. Case No.-74 Year-2018 Thana- KARPI District- Jehanabad ====================================================== Akhilesh Prasad @ Teyagi Son of Late Ram Das Sao, Resident of VillageKarpi Bazar, P.S.-Karpi, District-Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341/323/326/307/504/34 IPC registered in connection with Karpi P.S. Case No. 74/2018.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact the scuffle ensued after the informant came a second time in an hour and demanded rangdari. The informant attacked the petitioner's son Niraj Kumar with lathi upon which the petitioner, in order to save his son, entered the scuffle and threw chilly powder at the informant and thereafter, in self defence, counter attacked with knife. It is submitted that in any event the injuries on the informant have not shown to be grievous in nature. The entire episode has been captured in CCTV camera and corroborates the stand of the petitioner. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.68974 of 2018(4) dt.25-02-2019 2/2 ACJM, Arwal in connection with Karpi P.S. Case No. 74/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T