Jugesh Yadav @ Yogesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14812 of 2023 Arising Out of PS. Case No.-176 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== Jugesh Yadav @ Yogesh Kumar Yadav S/O Dhani Yadav R/O Village And P.S.- Bakharpur Op(Pirpainti), Distt- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anupa Nand Jha For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 364/34 of the Indian Penal Code.

It is alleged that elder brother of the informant was kidnapped by all the F.I.R named accused persons including the petitioner with an intention to kill him. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no eye witness to the occurrence and the name of the petitioner sprang up

Patna High Court CR. MISC. No.14812 of 2023(3) dt.25-07-2023 2/3 in this case due to previous enmity and merely on suspicion. During investigation also, no consistent material evidence was collected against the petitioner to connect him with the present case. The petitioner is languishing in custody since 14.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, co-accused Sonu Kunwar on whose confession, the petitioner has been roped in the present case, has been granted bail by a coordinate Bench of this Court vide order dated 08.02.2023 passed in Cr. Misc. No. 48002 of 2022. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that victim has still not returned.

Considering the fact aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.14812 of 2023(3) dt.25-07-2023 3/3 each to the satisfaction of learned Additional Sessions Judge-XIV, Bhagalpur in connection with Pirpainti (Bakharpur) P.S. Case No. 176 of 2022 (Sessions Trial No. 703/2022).

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