Alok Kumar @ Dani Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50771 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- SIRDALA District- Nawada ====================================================== Alok Kumar @ Dani Mahto S/O Late Ramcharan Mahto R/O Village- Pokasi, Ps. Pakaribaran, Dist. Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 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 Section 365 of the Indian Penal Code.

It is a commission of kidnapping and murder of the husband of 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.50771 of 2023(3) dt.18-09-2023 2/3 in the F.I.R and during the course of investigation, the petitioner has been roped in the present case on the basis of confessional statement of co-accused Alok Kumar @ Dani Mahto. During investigation also, no consistent material evidence was collected against the petitioner to connect the petitioner with the present case and only on the basis of confessional statement of coaccused, which has no evidentiary value in the eye of law, nothing has been found against the petitioner. The petitioner is languishing in custody since 13.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

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

Patna High Court CR. MISC. No.50771 of 2023(3) dt.18-09-2023 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Sirdala P.S. Case No. 167 of 2023.

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