Akhilesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56560 of 2023 Arising Out of PS. Case No.-408 Year-2022 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== AKHILESH KUMAR SAH son of Shri Meghawar Sah Village- Phakalpura Katalpur Ps- Baikunthpur Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-08-2023

1. Heard the learned counsel for the petitioner and learned APP for the State.

2. This is an application for grant of anticipatory bail in connection with Baikunthpur P.S. Case No.408 of 2022, registered for offences under Sections 341, 307 and 506 of the IPC.

3. The allegation is regarding the petitioner having assaulted the informant, while he was going to his field on the alleged date and time of occurrence.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further

Patna High Court CR. MISC. No.56560 of 2023(2) dt.30-08-2023 2/3 submitted by referring to paragraph no.15 of the present petition that the injuries, sustained by the informant have been found to be simple in nature.

5. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the injuries, if any, sustained by the informant have been found to be simple in nature, apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

7. Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No.408 of 2022, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.56560 of 2023(2) dt.30-08-2023 3/3 the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Saurav/- U T