Akshay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73834 of 2022 Arising Out of PS. Case No.-752 Year-2021 Thana- MANER District- Patna ====================================================== AKSHAY KUMAR Son of Radhey Shyam Rai R/o Chakiya Tola, Khaspur, P.S.- Maner (Danapur), District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 149, 148, 149, 384, 386, 302, 504, 341, 323, 120(B) of the IPC and section 27 of the Arms Act.

FIR has been lodged against 76 named and 20-30 unknown persons. The allegation against this petitioner and other accused persons is that they demanded money and made indiscriminate firing, which hit in the chest of informant's husband due to which he died.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has been made accused in this case merely on basis of suspicion. There is general and omnibus allegation against all

Patna High Court CR. MISC. No.73834 of 2022(2) dt.24-03-2023 2/2 the accused persons. Informant is not eye-witness of the occurrence. Similarly situated accused Angad Kumar has already been granted bail by this court vide order dated 06.12.2022 passed in Cr. Misc. No. 45792/ 2022. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the fact and circumstances of the case and clean antecedent of this petitioner, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Miss Priya Kumari , J.M. 1st class, Danapur, Patna in connection with Maner P.S. Case No. 752 of 2021, G.R. No. 3611 of 2021 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) BKS/- U T