Prashant Kumar @ Banti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52126 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- BANSHI District- Jehanabad ====================================================== PRASHANT KUMAR @ BANTI YADAV S/O LATE AWADHESH SINGH Resident of Village- Alawal, Chack P.S.- Rampur Chauram, District- Arwal. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302 and 201 of the Indian Penal Code.

As per allegation in the FIR, on getting information about a trolley bag in abandoned condition lying in the filed of Rameshwar Sing having blood stain, police party proceeded towards place of occurrence. In presence of public, trolley bag was opened in which a dead body of a female was found. It transpired that after killing at some other place, with a view to conceal the dead body, the same was thrown by keeping it in trolley bag.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.52126 of 2022(4) dt.04-02-2023 2/2 that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. There is no eye witness of the present occurrence. In confessional statement of co-accused Nitish Kumar, name of the petitioner has surfaced and then by using pressure, police has taken the signature of the petitioner in a blank paper, to which they manufactured the same as of his self confessional statement. Petitioner is languishing in judicial custody since 12.05.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM, Arwal in connection with Banshi P.S. Case No. 34 of 2022. (Sunil Kumar Panwar, J) sushma/- U