Akhilesh Rai @ Akhilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80719 of 2023 Arising Out of PS. Case No.-337 Year-2023 Thana- GORAUL District- Vaishali ====================================================== 1.
AKHILESH RAI @ AKHILESH KUMAR S/O NAGINDRA RAI @ NAGENDRA RAY RESIDENT OF SALEMPUR DUMARIA, P.S.- GORAUL (KATHARA O.P.), DISTRICT- VAISHALI 2.
ARVIND RAI @ ARVIND KUMAR S/O NAGINDRA RAI @ NAGENDRA RAY RESIDENT OF SALEMPUR DUMARIA, P.S.- GORAUL (KATHARA O.P.), DISTRICT- VAISHALI ... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 447, 307, 379, 504, 506 read with 34 of the Indian Penal Code .
3. As per the prosecution case, all the accused persons as named in the F.I.R. including these petitioners
Patna High Court CR. MISC. No.80719 of 2023(3) dt.05-03-2024 2/3 armed with lathi, danda assaulted the informant on his body, hand, leg and hands due to which the informant's hand and leg became paralysed. It is further alleged that the petitioner No. 1 Akhilesh Rai snatched golden chain from the neck of the informant and also took Rs. 2300/- from his pocket.
4. It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. Petitioner No. 1 is only the order giver and so far as petitioner No. 2 is concerned there is general and omnibus allegation against him. Injury sustained by the injured is simple in nature . Rest of the allegation is super-addition to make the case grave . Similarly situated co-accused persons have already granted bail by this Court vide order dated 24.01.2024 in Cr. Misc. No. 79490 of 2023 . Petitioners claim clean antecedent.
5. Learned counsel for the State oppose the bail petition.
6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or
Patna High Court CR. MISC. No.80719 of 2023(3) dt.05-03-2024 3/3 surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM - I Vaishali at Hajipur in connection with Goraul (Kathara O . P . ) P.S. Case No. 337 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Koushik/- U T