Akhilesh Rai @ Akhilesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1587 of 2023 Arising Out of PS. Case No.-427 Year-2020 Thana- PATORI District- Samastipur ====================================================== Akhilesh Rai @ Akhilesh Kumar Rai S/O Sri Bindu Rai R/V- Bangra, P.S.- Tajpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. A.K.Thakur, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Patori P.S. Case No. 427 of 2020 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

As per the prosecution case, while the informant was sitting with his father and villagers at his darwaja, the accused persons including the petitioner came there on two Motorcycles and the informant's brother accompanied with them but the informant's brother did not return home. Thereafter, the informant came to know that his brother was murdered.

Learned counsel for the petitioner submitted that petitioners have falsely been implicated in this case. It is further

Patna High Court CR. MISC. No.1587 of 2023(2) dt.03-05-2023 2/2 submitted that the occurrence took place on 30.11.2020 but the FIR was lodged on 04.12.2020 after delay of four days and the said FIR was sent to the court on 09.12.2020. No eye witness of the alleged occurrence. It is further submitted that petitioner has clean antecedent as stated in para-3 of this application. Considering the delay of filing of the FIR and no eye witness of the present occurrence as well as submissions of the parties, let the above named petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Samastipur in Patori P.S. Case No.427 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T