Ashok Kumar @ Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12694 of 2024 Arising Out of PS. Case No.-264 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Ashok Kumar @ Ashok Yadav S/O- Raja Ram Yadav R/O- Gauravgarh, Ward No.- 5, P.S.- Supaul, Dist.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Patla Kumari, Advocate For the State :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Supaul P.S. Case No. 264 of 2023 instituted for the offence under Sections 341, 323, 379, 302 & 34 of the Indian Penal Code. 3.

As per the prosecution case, the petitioner is alleged to have committed murder of the son of the informant and thrown his dead body. When the informant found dead body of his son, he registered the FIR against the petitioner along with other co-accused persons.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-04-2023. Petitioner is stated to be a man of clean antecedent.

Patna High Court CR. MISC. No.12694 of 2024(2) dt.01-03-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case due to confessional statement of coaccused, namely, Sanjay Kumar, who has been granted bail by this Court vide order dated 29-11-2023, passed in Cr. Misc. No. 61296 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Supaul P.S. Case No. 264 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T