Pappu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49806 of 2023 Arising Out of PS. Case No.-98 Year-2023 Thana- BARH District- Patna ====================================================== PAPPU YADAV SON OF GORELAL YADAV @ BIJINDRA YADAV R/OMOKIMPUR JORHARPAR, P.S.-BARH, DISTT.-PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-08-2023 Heard learned counsel appearing on behalf of the parties.
2.
The petitioner seeks bail in connection with Barh P.S. Case No.98 of 2023 registered for the offence under Sections 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
3.
The accused/petitioner is not named in the F.I.R. and is in custody since 25.05.2023.
4.
The allegation against the petitioner is to commit murder of the father of the informant along with other unknown/named co-accused persons, where, occurrence is arises out of previous enmities.
5.
Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced, during
Patna High Court CR. MISC. No.49806 of 2023(2) dt.08-08-2023 2/3 course of investigation, on the basis of confessional statement of Bikki Kumar, where, in furtherance of which, no incriminating material surfaced/recovered against this petitioner, as to connect him, prima-facie, with present occurrence of murder. It is submitted that the informant, who is claiming to be an eyewitness of the occurrence, raising specific allegation against coaccused, namely, Bikki Kumar, causing death of his father. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
6.
Learned APP appearing on behalf of the State, opposes the prayer of bail.
7.
Considering the facts and circumstances as mentioned above and by taking note of the fact as save and except suspicion, arises out of confessional statement of coaccused, where, nothing appears incriminating against this petitioner, during course of investigation, as to connect him, prima-facie, with present occurrence of murder coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 25.05.2023, let the petitioner, above named, is
Patna High Court CR. MISC. No.49806 of 2023(2) dt.08-08-2023 3/3 directed to be released on bail in connection with Barh P.S. Case No.98 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Barh (Patna)/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Katyayan/- U T