Patna High CourtCR. MISC./26147/2024rejected

Aniket Kumar Yadav v. The State Of Bihar

2024-07-26Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26147 of 2024 Arising Out of PS. Case No.-507 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== Aniket Kumar Yadav Son Of Ravindra Yadav Resident of Village - Badaka Dhakaich Lewad, P.S. - Krishna Braham, District - Buxar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Prasad Singh, Sr.Advocate : Mr.Shashi Kant, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-07-2024 Heard Mr.Krishna Prasad Singh, learned senior counsel appearing for the petitioner and Mr.Bhanu Pratap Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 08.01.2024 in connection with (Brahmpur) Krishna Braham P.S. Case No. 507 of 2023, F.I.R. dated 18.08.2023 registered for the offence punishable under Sections 457,380,302 of the Indian Penal Code.

3. The FIR of the occurrence of murder is against unknown.

4. Learned senior counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. The allegation as alleged in

Patna High Court CR. MISC. No.26147 of 2024(3) dt.26-07-2024 2/2 the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and there is no eye witness of the alleged occurrence.

5. Learned APP for the State, on the other hand, has opposed the prayer for bail of the petitioner and submits that there is sufficient material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and apart from that, in paragraph-66 and 73 of the case diary, towel was recovered from the petitioner's room which suggests that Towel belonged to the deceased and the blood mark was also found in the FSL report, which belong to the deceased.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with (Brahmpur) Krishna Braham P.S. Case No. 507 of 2023 pending in the court of learned C.J.M., Buxar.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T