Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68385 of 2023 Arising Out of PS. Case No.-892 Year-2023 Thana- NAWADA District- Nawada ====================================================== Akash Kumar S/O Sri Kedar Prasad R/O Village- Kutuchak, Kowakol, P.O And P.S- Kowakol, Distt.- Nawada. At Present Resident In House Of Binod Prasad, Near Ramjanki Mandir, Mirjapur, Nawada, P.S- Nawada Town, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner and other coaccused persons is that they assaulted and fired upon the informant's son leading to his death.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Nitish Yadav, who shot

Patna High Court CR. MISC. No.68385 of 2023(3) dt.08-01-2024 2/2 fired upon the deceased, due to which he died. There is no specific overt act against the petitioner of firing. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 13.06.2021.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada in connection with Nawada P.S. Case No. 892 of 2023.

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