Kishori Yadav @ Kishori Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21271 of 2024 Arising Out of PS. Case No.-495 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Kishori Yadav @ Kishori Kumar Yadav S/o Haridev Yadav R/o vill - Sapta, P.S. - Rahika, Distt. - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Sah For the Opposite Party/s :
Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Phulparas P.S. Case No. 495 of 2023, registered for the offences punishable under Sections 302, 120(B), 34 of the IPC.
3. The mother of the deceased is the informant. She stated in her fardbayan that five accused persons namely Om Prakash Yadav, Amish Kumar Yadav, Amlesh Kumar, Kishori Yadav (the petitioner) and Birendra came to her house and took away her son by motorcycle, at the pretext of participating in a feast but her son didn't return. Later on, his dead body was found. The limbs and head of the dead body were amputated.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.21271 of 2024(3) dt.01-07-2024 2/2 that except confessional statement of the co-accused, there is nothing against the petitioner. He has submitted further that during the investigation, the witness has stated that co-accused Om Prakash had took away the son of the informant with him.
5. On the other hand the learned APP for the State, by drawing my attention towards paragraph nos. 15 and 17 of the case diary, has submitted that the deceased was seen by the witnesses in company with the accused persons including the petitioner and soon thereafter, his dead body was found. The petitioner has furnished his confessional statement in which he has given vivid description of the occurrence in which the murder of the deceased was committed. He has submitted further that all the accused persons are the men of criminal antecedent.
6. In my view the petitioner doesn't deserve the privilege of bail. Accordingly, it is rejected. (Nawneet Kumar Pandey, J) Kundan/- U T