Akhilesh Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39455 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -KOTHI District- GAYA ====================================================== Akhilesh Bhuiyan Son of Bigan Bhuiyan Resident of Village -Bhattibigha, P.S- Kothi, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Kothi P.S. Case No. 01 of 2016 registered for offences under sections 448, 341, 323, 307, 302/34 of the Indian Penal Code.

There is a direct allegation against the petitioner to have pulled out the father-in-law of the Informant and assaulted him by Tangi on the top of the head and other two accused persons were also named to have also caused injury by iron rod and Lathi. Learned counsel for the petitioner submits that the police, after investigation, did not find any case against rest of the two named accused persons which itself falsifies the case of the

Patna High Court Cr.Misc. No.39455 of 2016 (2) dt.17-09-2016 prosecution.

The nature of allegation made in the First Information Report itself shows the manner in which the petitioner has assaulted the father-in-law of the Informant. In that view of the matter, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner namely, Akhilesh Bhuiyan is rejected with a direction to the court below to expedite the trial of the petitioner. (Shivaji Pandey, J) Rishi/- U T