Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6557 of 2024 Arising Out of PS. Case No.-137 Year-2023 Thana- GOPALPUR District- Patna ====================================================== Ashish Kumar S/o Rambachan Ray R/o Vill - Bairiya, P.S. - Gopalpur, Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K Agarwal Sr. Advovcate Mr.Rudal Singh, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-05-2024 Heard Mr. N.K. Agarwal, learned senior counsel for the petitioner and Mr. Umeshanand Pandit, learned APP for the State.
2. The petitioner seeks bail in a case registered for offence under Sections 363/365 of the Indian Penal Code and later on, Sections 302/201/34 of the Indian Penal Code were added.
3. The F.I.R. has been lodged against unknown for missing of son of the informant.
4. Learned Senior counsel appearing on behalf of petitioner submits that name of the petitioner transpired during course of investigation on the basis of confessional statement, which has got no evidentiary value in the eye of law. The
Patna High Court CR. MISC. No.6557 of 2024(5) dt.10-05-2024 2/2 petitioner is in custody since 04.03.2023. Chargesheet has been submitted.
5. Learned A.P.P. for the State vehemently opposed the bail petition.
6. Considering the evidence that has come during course of investigation, period of custody and the fact that chargesheet has already been submitted, the prayer for bail of the petitioner is allowed.
7. Let the above named petitioner 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 Judicial Magistrate 1st Class, Patna in connection with G.R. No. 1547/2023 arising out of Gopalpur P.S. Case No. 137/2023. (Prabhat Kumar Singh, J) anay/- U T