Akhileshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56781 of 2024 Arising Out of PS. Case No.-508 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Akhileshwar Prasad Son of Mohar Lal Prasad @ Mohar Lal Sah R/O Dhekaha Maniyar Tola, Muffasil in the Dist. of East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar For the Opposite Party/s :
Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 325, 308, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is said to have assaulted the brother of the informant, namely, Premchand Prasad by means of iron rod.
4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that from perusal of
Patna High Court CR. MISC. No.56781 of 2024(2) dt.14-08-2024 2/2 the F.I.R., if the prosecution version is accepted on its face value, although it is categorically denied, no case under Section 308 of I.P.C. is made out against the petitioner and except Section 308 of I.P.C. others are bailable in nature. The petitioner has no criminal antecedent and has been languishing in custody since 11.07.2024.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Muffasil P.S. Case No. 508 of 2021. (Anjani Kumar Sharan, J) anand/- U T