Akhilesh Kumar @ Akhilesh Kumar Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61759 of 2025 Arising Out of PS. Case No.-141 Year-2024 Thana- MEHSI District- East Champaran ====================================================== Akhilesh Kumar @ Akhilesh Kumar Prajapati Son of Late Krishna Dayal Pandit Residents of Village- Mohabbat Chhapra, Ward No 05, P S.- Mehsi, District- East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate Mr. Akshay Lal Pandit, Advocate Mr. S. Azeem, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of B.N.S.

3. The case of the prosecution is that the petitioner along with others arrived being armed with lathi and danda. It is alleged that one Abhishek Kumar assaulted with danda on the head of the informant due to which he received head injury. It is also alleged that after the informant fell down, accused persons assaulted him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the

Patna High Court CR. MISC. No.61759 of 2025(2) dt.08-09-2025 2/2 petitioner has submitted that specific allegation of assault is against Abhishek and nature of allegation against this petitioner is general and omnibus. From perusal of the order of the learned trial court, it transpires that the injury report of the informant goes to show that left leg fibula bone of the informant was fractured. Even if the injury as mentioned in the order of the learned trial court is taken to be true, then also the allegations are bailable in nature. Moreover, the petitioner is languishing in judicial custody since 02.07.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mehsi P.S. Case No. 141 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, East Champaran, Motihari.

(Ashok Kumar Pandey, J) Shubham/- U T