Akhilesh Kumar @ Akhilesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78146 of 2024 Arising Out of PS. Case No.-313 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Akhilesh Kumar @ Akhilesh Rai Son of Kishun Dev Rai Resident of villageBhadwar Eksha Bhagat ke tola P.S- Chandi, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-12-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Chandi Police Station Case No. 313 of 2023, dated 27.11.2023, disclosing offences punishable under Sections 341/323/325/307/504/506/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 24.11.2023, in the afternoon, the accused persons, including the petitioner, started abusing the informant and upon the orders of co-accused Kishun Dev Rai, all the accused persons started assaulting the informant and co-accused Vikash Rai assaulted the informant on his head with iron-rod with intention to kill
Patna High Court CR. MISC. No.78146 of 2024(2) dt.02-12-2024 2/3 him.
4. Learned Counsel for the petitioner submits that the petitioner has been implicated in this case due to land dispute. Both the parties are co-villagers and the entire family members have been made accused in this case. The First Information Report has been lodged after a delay of two days. Referring to the injury report, he submits that no apparent injury has been caused to the informant on his head and the doctor has opined, in the injury report, as grievous in nature due to fracture of second metacarpus near the right palm. The allegation against the petitioner is general and omnibus in nature and the specific allegation of assault is against co-accused Vikash Rai.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that both the parties re co-villagers and there is land dispute between the parties, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
Patna High Court CR. MISC. No.78146 of 2024(2) dt.02-12-2024 3/3 or surrender before the Court below within a period of four weeks from today, 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 Chief Judicial Magistrate, Bhojpur, at Ara, in connection with Chandi Police Station Case No. 313 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √