Patna High CourtCR. MISC./49167/2023allowed

Kamlesh Yadav v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49167 of 2023 Arising Out of PS. Case No.-427 Year-2022 Thana- AMAS District- Gaya ====================================================== Kamlesh Yadav S/O Kishori Yadav R/O Village- Jhari Tola Kubh, Ps. Amas, Dist. Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.S. Jamil Akhtar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 386, 387/34 of the Indian Penal Code. It is alleged by the informant that some miscreants came at the firm of the informant, assaulted the labourers, took away 5 mobiles of labourers and also demanded Rs. 1 lakh as extortion to the informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.49167 of 2023(2) dt.11-08-2023 2/2 in the F.I.R. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner and his name subsequently sprang up on the confessional statement of co-accused Guddu Kumar which have no evidentiary value in the eye of law. The petitioner is languishing in custody since 21.01.2023.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Amas P.S. Case No. 427 of 2022.

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