Akash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46494 of 2023 Arising Out of PS. Case No.-199 Year-2021 Thana- MAHARAJGANJ District- Siwan ====================================================== AKASH KUMAR YADAV Son of Munna Yadav Resident of village - Ramapali, P.S. - Maharajganj, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307, 326, 302, 325, 34 later on added Section 216(A) of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, some unknown person fired upon the son of the informant leading to his death.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Amit Kumar, which has got no

Patna High Court CR. MISC. No.46494 of 2023(3) dt.18-09-2023 2/2 evidentiary value in the eyes of law. There is no eye-witness and no independent witness of the alleged occurrence. Nothing incriminating articles have been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 17.08.2022 passed in Cr. Misc. No. 18519 of 2022. He is languishing in judicial custody since 26.11.2022.

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

6. 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 petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Maharajganj P.S. Case No. 199 of 2021.

(Sunil Kumar Panwar, J) arish/- U