Akhilesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87402 of 2024 Arising Out of PS. Case No.-325 Year-2024 Thana- HISUWA District- Nawada ====================================================== 1.
Akhilesh Singh Son of Umesh Singh Resident of Village - Latawar, P.S. - Hisua, District - Nawada 2.
Aryan Kumar @ Munna Kumar Son of Akhilesh Singh Resident of Village - Latawar, P.S. - Hisua, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar Choudhary, Adv For the Informant :
Mr. Vibhuti Ranjan Sonvadra, Adv For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 21-04-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Hisua P.S. Case No. 325 of 2024 registered for the offences punishable u/s 147, 148, 149, 323, 307, 354, 379, 504, 506 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioners along with others had entered the house of the informant and started indiscriminate firing and had also assaulted and misbehaved with ladies in the house and there is an allegation of snatching of gold chain. It is further alleged that the dispute was with
Patna High Court CR. MISC. No.87402 of 2024(4) dt.21-04-2025 2/3 regard to illegal mining of sand.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and no occurrence, as such, took place as has been stated in the F.I.R., and it was due to an old dispute that the petitioners have falsely been implicated in this case. It has further been submitted that with regard to the same incident there were three FIRs lodged, one being the present case, the other FIR was lodged by the brother of the petitioner while the third FIR was lodged by the police bearing Hisua P.S. Case No. 324 of 2024. It is next submitted that there is no specific allegation against the petitioners. It is further submitted that the charges have already been framed in the present case. It is lastly submitted that the petitioners are in custody since 28.10.2024.
5. Learned APP for the State as well as learned counsel for the informant have vehemently opposed the prayer for bail and has stated that the petitioner no. 1 carries around eight criminal antecedents and the petitioner no. 2 carries three criminal antecedents, however, learned counsel for the informant has stated that the petitioner no. 2 carries five criminal antecedents.
6. Considering the aforesaid submissions of the
Patna High Court CR. MISC. No.87402 of 2024(4) dt.21-04-2025 3/3 parties and taking into account the fact that the petitioners have been enlarged on bail in Hisua P.S. Case No. 324 of 2024 by a co-ordinate Bench of this Court vide order dated 21.02.2025 passed in Cr. Misc. No. 5836 of 2025 and also the fact that there is no specific allegation of overt act against the petitioners, let the petitioners above-named, be enlarged on bail on furnishing bail-bonds of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada, in connection with Hisua P.S. Case No. 325 of 2024.
7. If, the petitioners involvement is found in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of their bail bonds.
8. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T