Akhilesh Das @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 49721 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- KAKO District- Jehanabad ====================================================== 1.

AKHILESH DAS @ AKHILESH KUMAR, aged about 24 years, (Male), Son of Mahender Das, Resident of Village-Chainpur, P.S.-Kako, (Bhelawar O.P.), District-Jehanabad.

2.

Om Prakash @ Om Prakash Kumar, aged about 21 years (Male), Son of Chhote Das Resident of Village-Chainpur, P.S.-Kako, (Bhelawar O.P.), District-Jehanabad.

3.

Chhote Das, aged about 40 years (Male), Son of Late Sakal Das, Resident of Village-Chainpur, P.S.-Kako, (Bhelawar O.P.), District-Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr Ajay Kumar, Advocate For the Opposite Party/s :

Ms Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners apprehend arrest in a case registered under Sections 341, 323, 379, 504, 307, 506/34 of Indian Penal Code. It is submitted by the petitioners' counsel that in fact there is subsisting land related dispute between the petitioners and informant parties. Annexure 2 of the application is a first information report bearing Kako Police Station Case No 95 of 2019. The same is the counter version lodged by the petitioners' side. The injury report, which has been attributed in the course of investigation, does not support the prosecution case since the injury found on the son of the informant is simple in nature. Learned APP for the State has opposed the prayer for bail by submitting that petitioner No 1 is one of the assailants.

Patna High Court CR. MISC. No.49721 of 2019(4) dt.16-11-2019 2/2 Considering the rival submissions, prayer for bail is allowed.

Let the petitioners above named, in the event of their arrest or surrender before the Court below within four weeks from today, be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Jehanabad in Kako (Bhelawar) Police Station Case No 96 of 2019 subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code and also the following conditions:

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U