Karu Yadav @ Sanjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53562 of 2022 Arising Out of PS. Case No.-573 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Karu Yadav @ Sanjit Kumar Son Of Suryadeo Yadav R/O Village- Saren, P.S.- Makhdumpur, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== 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 prayed for regular bail in a case registered for the offence punishable under sections 395, 396, 397 of the Indian Penal Code and the 27 of the Arms Act. As per prosecution story, informant alleged that several miscreants entered into her house through roof and shot fired in the abdomen of her husband. They looted away cash, jewelry and other household items and fled away. Thereafter, the informant was taken to hospital where doctor declared him as died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this present case. The name of the petitioner has

Patna High Court CR. MISC. No.53562 of 2022(2) dt.15-02-2023 2/2 transpired in the case on the basis of confessional statement of co-accused namely, Suraj Kumar @Oti which has got no evidentiary value in the eye of law. Except this confessional statement, there is no material against the petitioner to show his complicity in this case. Moreover, similarly situated co-accused namely, Suraj Kumar has already been granted bail by a coordinate Bench of this Court vide order dated 30.1.2021 in Cr. Misc. No. 36417 of 2020. The petitioner is languishing in judicial custody since 14.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Makhdumpur (Tehta) P.S. Case No. 573 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jehanabad.

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