Akhilesh Das @ Akhlesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68110 of 2023 Arising Out of PS. Case No.-307 Year-2014 Thana- PARBATTA District- Khagaria ====================================================== Akhilesh Das @ Akhlesh Das Son Of Bisho Das @ Biso Das Village- Tihai, Ps- Pasraha, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 404, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the husband of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up during

Patna High Court CR. MISC. No.68110 of 2023(3) dt.05-01-2024 2/3 the course of investigation. The informant is not the eye witness to the occurrence. During investigation also, no consistent material evidence was collected against the petitioner to connect him with the present case. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 18.06.2015 passed in Cr. Misc. No. 21723 of 2015. The petitioner is languishing in custody since 15.03.2018. A statement has been made in para 3 of the petition that petitioner is accused in two other cases apart from the present one.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions

Patna High Court CR. MISC. No.68110 of 2023(3) dt.05-01-2024 3/3 Judge, 1st, Khagaria in connection with Sessions Trial No. 160 of 2018, arising out of Parbatta (Bharat Khand) P.S. Case No. 307 of 2014.

(Sunil Kumar Panwar, J) Shageer/- U T