Diwakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19451 of 2018 Arising Out of PS. Case No.-128 Year-2017 Thana- KAHALGAON District- Bhagalpur ====================================================== Diwakar Kumar S/o Sri Ganesh Yadav, R/o Village- Bishanpur, P.S.- Shiv Narayanpur in the District of Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhu Narayan Sharma For the Opposite Party/s :

Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Kahalgaon (Shiv Narayanpur) P.S. Case No.128 of 2017, registered under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the FIR is against unknown, there is no other material against the petitioner except disclosure of his name by one Ranjeet Yadav in his confessional statement that they are involved in killing. However, similarly situated another co-accused Pankaj Yadav has been admitted to bail by this Court vide Cr. Misc. No.54718 of 2017 on 02.02.2018, besides which the petitioner has no criminal antecedent and he is in custody since 13.04.2017. Having considered the said facts and circumstances,

Patna High Court Cr.Misc. No.19451 of 2018(2) dt.04-04-2018 2/2 petitioner Diwakar Kumar is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Bhagalpur in connection with Kahalgaon (Shiv Narayanpur) P.S. Case No.128 of 2017, giving rise to Sessions Trial No.749 of 2017.

(Arun Kumar, J) S.KUMAR/- U T