Akhilesh Kumar @ Akhilesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16530 of 2018 Arising Out of PS.Case No. -216 Year- 2017 Thana -BAKHTIYARPUR District- PATNA ====================================================== Akhilesh Kumar @ Akhilesh Rai, son of Devi Rai, resident of VillageChiraiya, P.S.- Bakhtiyarpur, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Mishra For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2018 The petitioner is apprehending his arrest in connection with Bakhtiyarpur P.S. Case No. 216/2017, registered for offences punishable under Sections 147, 148, 149, 452, 302 of the Indian Penal Code and 27 of the Arms Act.
Allegation against the petitioner is that he fired on the deceased, due to which he died.
It has been submitted on behalf of the petitioner that counter case has also been filed and according to the counter case one Rudal Rai has fired and due to the said firing the deceased had lost his life and one of the witnesses has also not stated about the complicity of the petitioner in the murder of the deceased. It has also been submitted that in the supervision note also it has come that the deceased died due to firing made by Rudal Rai.
Patna High Court Cr.Misc. No.16530 of 2018 (5) dt.18-07-2018 2/2 Heard learned A.P.P. as well as counsel for the informant also who oppose the bail application on the ground that specific allegation is against the petitioner and most of the witnesses have supported the allegation.
Having heard both sides, considering the facts and circumstances of the case, nature of offence, I am not inclined to grant privilege of anticipatory bail to the petitioner. This application is accordingly dismissed.
(Vinod Kumar Sinha, J) sunil/-Amjad U T