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Patna High CourtCR. MISC./11526/2023allowed

Nikhil Yadav @ Nikhil Kumar @ Sandwa v. The State Of Bihar

2023-08-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11526 of 2023 Arising Out of PS. Case No.-721 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== Nikhil Yadav @ Nikhil Kumar @ Sandwa Son Of Arvind Kumar Singh @ Arvind Kumar @ Arvind Yadav Resident Of Village - Dumari, P.S.- Naubatpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== 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 341,323, 324, 302, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that they have committed murder of the informant's son by pressing his neck. 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 previous land dispute. The informant is not an eye witness of the alleged occurrence and no specific allegation of commission of murder levelled

Patna High Court CR. MISC. No.11526 of 2023(4) dt.08-08-2023 2/2 against the petitioner. It is further submitted during investigation petitioner confessed about his guilt which is not admissible in the eye of law. Moreover, he is languishing in judicial custody since 10.11.2022.

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 Naubatpur P.S. Case No. 721 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 ACJM-VI, Danapur at Patna.

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