Pinkesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8355 of 2023 Arising Out of PS. Case No.-358 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== PINKESH YADAV Son of Late Atthal Yadav R/V- Chukti, P.S- mansi, DistKhagaria Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suman Kumar Mishra For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 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 364, 302, 201, 379 of the Indian Penal Code.

As per prosecution case, the son of the informant namely, Rajiv Kumar who is a handicap, was kidnapped by all the FIR named accused persons and thereafter committed murder.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is nor named in the FIR rather he has falsely been implicated in this case on the basis of suspicion. The petitioner confessed in his so-called confessional statement wherein he stated that other co-accused Mahadevo Mehto shot dead the

Patna High Court CR. MISC. No.8355 of 2023(3) dt.22-06-2023 2/2 deceased and other accused persons threw the dead body of the deceased in Ganga river. Except confession, no any material has been come against the petitioner during investigation. It is further submitted that there is no eye witness of the alleged occurrence. Moreover, similarly situated co-accused namely, Maheshwar Mahto has already been granted bail by this Court vide order dated 9.5.2023 passed in Cr. Misc. No. 3542 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 20.10.2022.

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 Mufasil P.S. Case No. 358 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 C.J.M., Munger.

(Sunil Kumar Panwar, J) Amandeep/- U T