Uday Yadav @ Udesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53296 of 2023 Arising Out of PS. Case No.-1117 Year-2019 Thana- NAWADA District- Nawada ====================================================== Uday Yadav @ Udesh Yadav Son Of Brahmdev Yadav Resident Of Village - Jaila, P.S. - Rupaw, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nawada P.S. Case no. 1117 of 2019 instituted for the offence under Section 363 of the Indian Penal Code subsequently added Section 364(A) of the Indian Penal Code. As per FIR, the son of the informant went to play outside but did not return home. Thereafter, this case was lodged.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather his name has come on the basis of confessional statement of co-accused

Patna High Court CR. MISC. No.53296 of 2023(7) dt.21-06-2024 2/2 before the police which has got no evidentiary value in the eye of law. Victim was recovered and his statement was recorded under Section 164 of the Cr.P.C. wherein he did not whisper any complicity of the petitioner rather he disclosed the name of coaccused Kamlesh who has already been granted bail by this Court vide order dated 19.07.2023 in Cr. Misc. No. 66092 of 2022. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail.

The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Nawada P.S. Case no. 1117 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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