Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49664 of 2023 Arising Out of PS. Case No.-310 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Akhilesh Kumar Son Of Suraj Ram Resident Of Village- Goda Semra, Police Station- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner is alleged to have committed murder of the informant's granddaughter in connivance wither other co-accused persons. The informant raised suspicion and lodged the FIR stated therein that earlier to the occurrence, the petitioner along with others misbehaved with the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of CDR report.

Patna High Court CR. MISC. No.49664 of 2023(5) dt.18-09-2023 2/2 No one is eye witness of the alleged occurrence. During course of investigation, no any cogent material has come on record which suggests the complicity of the petitioner. The petitioner has got no criminal antecedent and languishing in judicial custody since 29.4.2023. Moreover, similarly situated coaccused namely, Md. Mahmud Alam has already been granted bail by a co-ordinate Bench of this Court vide order dt. 12.9.2023 passed in Cr. Misc. No. 55268 of 2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Majhaulia P.S. Case No. 310 of 2023 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, Bettiah at West Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T