Single judge oral order granting regular bail to petitioner accused of assault DP prevent and sedition-like offences, directing release on bond with sureties due to urgency for appearing in non-judicial investigation interview.
Petitioner released on bail of Rs.10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11114 of 2023
Arising Out of PS. Case No.-328 Year-2019 Thana- JAGDISHPUR District- Bhojpur
======================================================
Akhilesh Yadav @ Akhilesh Kumar Son Of Late Baijnath Yadav R/O VillagePilapur, P.S.- Jagdishpur, District- Bhojpur
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 03-03-2023
The present petition has been taken up out of turn since the petitioner is to appear in the examination for the post of Librarian issued by Kendriya Vidyalaya Sangathan which is scheduled to be held on 6.3.2023.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 379, 323, 504, 506/34 of the Indian penal Code.
The prosecution story, in brief, is that when the informant’s son was standing at the door of co-villager, in the meantime, co-accused Satyendra Yadav came and asked for mobile phone from his son which was denied as a result of
Patna High Court CR. MISC. No.11114 of 2023(2) dt.03-03-2023 2/3
which he assaulted him. When the informant and his family members reached at the place of occurrence, the petitioner along with co-accused also assaulted the informant due to which he sustained injury.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. There is case and counter case between, both parties sustained injuries as alleged in separate occurrence. It is further submitted that no specific overt-act of assaulting is against the petitioner rather general and omnibus allegation leveled against him. It is further submitted that the petitioner is languishing in judicial custody since 15.12.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jagdishpur P.S. Case No. 328 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the
Patna High Court CR. MISC. No.11114 of 2023(2) dt.03-03-2023 3/3
like amount each to the satisfaction of learned A.C.J.M.-XI,
Bhojpur at Ara.
(Sunil Kumar Panwar, J)
Shageer/Aman/-
U T
2 issues framed by the court
Whether the petitioner should be granted regular bail pending examination for librarian post.
Whether the petitioner is innocent and falsely implicated due to village politics.
1 provisions across 1 enactments
Akhilesh Yadav @ Akhilesh Kumar
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
