Dhiraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40677 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- BHAWANIPUR District- Purnia ====================================================== DHIRAJ YADAV S/O Late Bouku Yadav Resident of village- Basgarh, P.S.- Uda- Kishunganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Bhawanipur P.S. Case No. 24 of 2019 registered for the offences punishable under sections 302, 201, 120-B of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, while the informant, an A.S.I. of the Police, was at the petrol pump, he heard about a dead body being recovered. An FIR was registered against un-known. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. In course of investigation, in the confessional statement of co-accused Govind Kumar Mandal, the name of the petitioner has transpired. He had categorically stated that Bablu Yadav had shot the deceased. He has further disclosed that after the alleged

Patna High Court CR. MISC. No.40677 of 2019(3) dt.12-09-2019 2/2 occurrence, he had parked the Bolero vehicle in the 'Basa' of the petitioner and except this, no overt act has been alleged against the petitioner in the said confessional statement. It is further stated that the said Govind Kumar has been enlarged on bail on 02.08.2019 passed in Cr. Misc. No. 47638 of 2019. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the name of the petitioner has transpired on confessional statement of co-accused who has already been enlarged on bail, the petitioner being in custody since 07.03.2019 having no criminal antecedent, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Bhawanipur P.S. Case No. 24 of 2019.

(Partha Sarthy, J) sushma/- U T