Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60585 of 2025 Arising Out of PS. Case No.-131 Year-2020 Thana- KARPI District- Arwal ====================================================== Akhilesh Yadav S/o Ramprasad Yadav R/o Village- Budhu Bigha, P.S.- Karpi, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Adv.

For the Opposite Party/s :

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

2. Petitioner is apprehending arrest in connection with Karpi P.S. Case No.131 of 2020 registered for the offences punishable under Sections 341, 323, 324, 308, 379, 504/34 of the Indian Penal Code.

3. As per prosecution case, there is allegation against the petitioner who is said to have assaulted upon the head as well as hand of the informant by means of spade (kudal).

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report and he has been falsely implicated in this case. There is case and counter case between the parties

Patna High Court CR. MISC. No.60585 of 2025(2) dt.08-09-2025 2/3 for the same date of occurrence. The uncle of the petitioner has lodged Karpi P.S. Case No. 132 of 2020 and in the said occurrence petitioner and his family members sustained injuries, as is evident from the Injury report contained in Annexure-P2. Learned cousnel submits that there is no allegation of repetition of blow against the petitioner. Though there is allegation of assaulting upon the head and hand of the informant but the injury report shows only one injury on the head of the informant and that too is simple in nature caused by hard and blunt substance. In this way, the allegations levelled in the first information report is totally inconsistent with the injury report. Petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner. He submits that there is specific allegation of assault against the petitioner which is corroborated by the injury report.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, there is no allegation of repetition of blow against the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period

Patna High Court CR. MISC. No.60585 of 2025(2) dt.08-09-2025 3/3 of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Arwal in connection with Karpi P.S. Case No. 131 of 2020, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Alok Kumar Pandey, J) mcverma/- U T