Dharma Kumar @ Dharma Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7225 of 2017 Arising Out of PS.Case No. -178 Year- 2014 Thana -KARPI District- JEHANABAD ====================================================== Dharma Kumar @ Dharma Yadav S/o Sudershan Yadav, Resident of Village- Balaura, P.S.- Karpi (Banshi), District- Arwal. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 10.08.2016 in connection with Karpi (Bansi O.P.) P.S. Case No. 178 of 2014 registered for the offence punishable under Section 302 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his father was found killed near the temple where he used to stay.
It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and it is only on the basis of the confessional statement of one Pramod Kumar @ Pramod Yadav that his name surfaced,
Patna High Court Cr.Misc. No.7225 of 2017 (2) dt.15-03-2017 2/2 which has no evidentiary value in the eye of law. It has further been submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence and that the said co-accused, Pramod Kumar @ Pramod Yadav has since been granted the privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 8306 of 2017 on 21.02.2017 on the ground of suspicion.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with Karpi (Bansi O.P.) P.S. Case No. 178 of 2014. (Nilu Agrawal, J.) Arjun/- U T