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Patna High CourtCR. MISC./38260/2021bail granted

Anil Kumar @ Anil Kumar Yadav v. The State Of Bihar

2021-12-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38260 of 2021 Arising Out of PS. Case No.-310 Year-2017 Thana- DULHIN BAZAR District- Patna ====================================================== Anil Kumar @ Anil Kumar Yadav S/O Nanda Yadav @ Nanda Singh Yadav R/O Village-Pansari, P.S-Dulhin Bazar, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Niwas Prasad, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Dulhin Bazar P.S. Case No. 310 of 2017 instituted for the offences under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 30.12.2020, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submitted that the petitioner is not named in the F.I.R., further informant is not the eye-witness to the occurrence and the petitioner is also the maternal uncle of the deceased as it has come in the impugned order. The police has arrested the petitioner merely on suspicion

Patna High Court CR. MISC. No.38260 of 2021(2) dt.13-12-2021 2/2 based on the confessional statement of co-accused Sunil Kumar. Learned counsel further draws the attention of this Court to the order dated 24.09.2018 in Cr. Misc. No. 42067 of 2018 (Sunil Kumar @ Lala) whereby the co-accused has been granted bail. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 30.12.2020, charge-sheet has been submitted in the case, petitioner is a person with clean antecedent and similarly situated has been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Danapur (Patna) in connection with Dulhin Bazar P.S. Case No. 310 of 2017 subject to the condition as laid down under Section 437 (3) Cr.P.C. (Satyavrat Verma, J) Rishi/- U T