Akhilesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78103 of 2025 Arising Out of PS. Case No.-158 Year-2025 Thana- TARAIYA District- Saran ====================================================== Akhilesh Kumar Singh S/O Vishwanath Singh R/O Village- Rampur Mahesh, P.S.- Taraiya, P.O.- Parauna, District- Saran ,Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Mohan Singh, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-03-2026 Heard Mr.Rakesh Mohan Singh, learned counsel for the petitioner, learned counsel for the informant and Mr..Madan Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 03.06.2025 in connection with Taraiya P.S. Case No. 158 of 2025, F.I.R. dated 30.05.2025 registered for the offence punishable under Sections 103(1) & 3(5) of BNS,2023.

3. Allegation against the petitioner is that he alongwith other co-accused persons have in furtherance of their common intention committed the death of the sister of the informant by cutting her neck.

4. Learned counsel appearing for the petitioner

2/4 submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and he has been made accused in the present case merely on the basis of suspicion and informant is not the eye witness of the alleged occurrence and merely on the basis of suspicion the petitioner has been made accused in the present case, apart from that, from a bare perusal of the FIR it appears that the date of occurrence as alleged in the FIR is 28.05.2025 but the present FIR has been instituted on 30.05.2025 at 5.30 PM after delay of two days after the postmortem report was placed before the informant. Learned counsel for the petitioner submits that the postmortem was conducted on 28.05.2025 at 11.30 AM and the present FIR has been instituted on 30.

05.

3/4 03.06.2025.

5. Learned counsel for the informant and learned A.P.P. for the State have vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and petitioner has clean antecedent, let the petitioner, above named, 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 A.C.J.M.-XIII, Saran at Chapra in connection with Taraiya P.S. Case No. 158 of 2025, with the following conditions:- (I) Petitioner shall co-operate 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in

4/4 case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U Y