Nitish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31066 of 2023 Arising Out of PS. Case No.-469 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== 1.

NITISH YADAV S/o- YOGENDRA YADAV Village- Kulharia Ps- Parbatta Dist- Khagaria 2.

Md. Gulzar son of Md. Shamshul Village- Kulharia Ps- Parbatta DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pooja Kumari For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 302, 201, 406, 120B and 34 of the Indian Penal Code.

The allegation against the petitioners along with others is of killing the son of the informant. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to dirty village politics. They have committed no offence. Petitioners are not named in the FIR. During investigation, the name of these petitioners have come into light, on the basis of

Patna High Court CR. MISC. No.31066 of 2023(2) dt.24-06-2023 2/2 confessional statement of co-accused namely, Nikesh Pawan, who is named in the FIR, which has got no evidentiary value in the eyes of law. There is no consistent evidence and no eyewitness to show that these petitioners have involved in the said occurrence. They are languishing in judicial custody since 16.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Khagaria in connection with Parbatta P.S. Case No. 469 of 2022.

(Sunil Kumar Panwar, J) arish/- U T