Dayanand Kumar @ Dayanand Yadav @ Pujari @ Baba Punji @ Baba Pujari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6715 of 2023 Arising Out of PS. Case No.-99 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== Dayanand Kumar @ Dayanand Yadav @ Pujari @ Baba Punji @ Baba Pujari Son Of Late Munarik Yadav R/V- Labhri, P.S- Rafiganj, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Sr. Advocate Mrs.Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 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 302, 506/34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the allegation against the petitioner is that he along with his associates committed murder of the informant's staff by means of firearm and the deceased used to work as a staff at the informant's brick kiln. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of self-

Patna High Court CR. MISC. No.6715 of 2023(4) dt.08-08-2023 2/2 confession of the petitioner which does not get evidentiary value in the eye of law. The informant is not an eye witness of the alleged occurrence and no specific allegation of shot firing levelled against the petitioner. It is further submitted that except suspicion no consistent material has come out against the petitioner. Moreover, he is languishing in judicial custody since 13.05.2022.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rafiganj P.S. Case No. 99 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad. (Sunil Kumar Panwar, J) Manishkumar/- U T