Patna High CourtCR. MISC./48974/2022bail granted

Naresh Sah v. The State Of Bihar

2022-12-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48981 of 2022 Arising Out of PS. Case No.-522 Year-2021 Thana- KUCHAIKOTE District- Gopalganj ====================================================== AKSHAY YADAV, (Male), aged about 29 years, Son of Binod Yadav, R/VUjra Narayan Pur, P.S- Uchkaganw, Dist- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anuj Kumar, Advocate For the Opposite Party :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in connection with Kuchaikot P.S. Case No. 522 of 2021 registered for the offence under Sections 302/34 of the I.P.C. and Section 27 of the Arms Act.

The prosecution case, in brief, is that on 07.12.2021, three unknown criminals fired upon the brother of the informant who was an Advocate and practicing in Gopalganj Civil Court, resulting into his death.

Patna High Court CR. MISC. No.48981 of 2022(2) dt.20-12-2022 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.04.2022. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has transpired in the present case on the basis of his self confession made before the police in respect of another case. Except for his self confession, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VII, Gopalganj, in connection with Kuchaikot P.S. Case No. 522 of 2021.

(Sudhir Singh, J) U.K./- U T