Akash Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34668 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -SHEIKHOPUR SARAI District- SEKHPURA ======================================================

1. Akash Kumar, Son of Manoj Singh

2. Ajay Kumar, Son of Sarjug Yadav, Both Resident of Village- Kare, P.S.- Sheikhpura, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners are languishing in judicial custody since 28.05.2017 in connection with Sheikhopursarai P.S. Case No. 59 of 2017 registered for the offence punishable under Sections 224, 225, 341, 323, 353 and 307/34 of the Indian Penal Code.

The prosecution case, as lodged by the police patrolling party, is that they apprehended one accused in connection with Sheikhpura P.S. Case No. 16 of 2017, namely, Bal Mukund Yadav @ Ravikant near Kanchan Gas Agency. At the same time the, petitioners came on a motorcycle and dashed with a police personnel injuring

Patna High Court Cr.Misc. No.34668 of 2017 (2) dt.10-08-2017 2/3 him.

It is submitted by the learned counsel for the petitioners that they are innocent and have falsely been implicated in the present case. In fact, they have no relationship with accused, Bal Mukund Yadav and an accident took place, which was not deliberate. He submits that just because the petitioners do not have clean antecedent, they have been falsely implicated in the aforesaid case. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1st , Sheikhpura in connection with Sheikhopursarai P.S. Case No. 59 of 2017, subject to the condition that one of the bailors of each of the petitioners would be a close relative, who will file an affidavit before the learned Court below stating his relationship with each of the petitioners and that petitioners will appear before the learned Court below as and when required and failure to appear

Patna High Court Cr.Misc. No.34668 of 2017 (2) dt.10-08-2017 3/3 before the learned Court below on two consecutive dates without assigning any reason will entail cancellation of their bail bonds.

(Nilu Agrawal, J.) Arjun/- U T