Abhay Kumar Yadav @ Abhay Rai @ Abhay Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35769 of 2021 Arising Out of PS. Case No.-6 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== ABHAY KUMAR YADAV @ ABHAY RAI @ ABHAY KUMAR RAI SON OF SRI SURENDRA RAI Resident of Village - Rampur Pokhari, P.S.- Tariyani, Distt.- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34/120(B)/216 of the Indian Penal Code and u/s 27 of Arms Act.
Prayer of petitioner for bail was earlier rejected by this court vide order dated 04.12.2020 passed in Cr. Misc. No. 13960/2020. Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has surfaced in this case during the course of investigation in the confessional statement of co-accused, Manish Kapar, who has already been granted bail by a coordinate Bench of this court vide order dated 23.10.2019 passed in Cr. Misc. No. 58549/2019. Petitioner is in custody since
Patna High Court CR. MISC. No.35769 of 2021(3) dt.28-10-2021 2/2 28.09.2019 and charge has already framed in this case. Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Mahindwara PS case No. 06/2019. (Prabhat Kumar Singh, J) BKS/- U T