Akhilesh Kumar @ Akhlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76210 of 2024 Arising Out of PS. Case No.-256 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Akhilesh Kumar @ Akhlesh Kumar S/O Vikram Kumar @ Vikram Mahto @ Vikram Prasad R/O Village- Kumbhiyatari ,P.S -Fatehpur District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the State :

Mr. Mohammed Arif For the Informant :

Mr. Kamal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 504, 506, 307 and 379/34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including this petitioner in furtherance of their common intention armed with deadly weapons are said to have assaulted the informant and her family members with intention to kill them due to which they sustained injuries on vital part also.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no any independent witness to the occurrence. The petitioner has no criminal

Patna High Court CR. MISC. No.76210 of 2024(2) dt.13-12-2024 2/2 antecedent and has been languishing in custody since 02.07.2024.

5. Learned APP for the State as well as learned counsel for the informant opposed the bail petition and submitted that there is specific allegation against the petitioner to assault the informant and injury was found grievous in nature.

6. Considering the facts aforesaid and the fact that there is no allegation against the petitioner of tampering the witness/evidence, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Fatehpur P.S. Case no. 256 of 2022, subject to the further condition that petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned Trial Court. (Anjani Kumar Sharan, J) anand/- U T