Gulab Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53344 of 2022 Arising Out of PS. Case No.-252 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Gulab Yadav S/O Rameshwar Prasad Yadav R/O Village- Baburahi, P.S.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 364/34, 120(b) of the Indian Penal Code.

The prosecution case in nutsell is that the petitioner along with other co-accused persons have abducted the husband of the informant and the informant has apprehension that her husband would be killed by the accused persons.

Patna High Court CR. MISC. No.53344 of 2022(3) dt.15-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in F.I.R and the name of the petitioner sprang up on secret information. It is also submitted that information given by the police spy is not a legal evidence and during the police custody the police under cohersion and threat took signature of the petitioner on blank paper and it was used as imaginary confessional statement. Moreover, the petitioner is languishing in judicial custody since 08.01.2022. Similarly situated co-accused persons have been granted Bail vide order dated 16.12.2022 and 16.01.2023 passed in Cr. Misc. No. 38682 of 2022 & 26035 of 2022 by the co-ordinate Benches of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.53344 of 2022(3) dt.15-02-2023 3/3 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 in connection with S. Kamal P.S. Case No. 252 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., VI, Begusarai.

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