Chandan Yadav @ Chandan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55074 of 2023 Arising Out of PS. Case No.-435 Year-2022 Thana- KESARIA District- East Champaran ====================================================== CHANDAN YADAV @ CHANDAN RAI SON OF KAILASH RAI RESIDENT OF VILLAGE - CHAND PARSA BHAGWATIYA TOLA, ,GOPALPPPPUR, POLICE STATION - KESARIYA, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in connection with Kesariya P.S. Case No.435/2022, registered for the offence punishable u/s 302/34 of the IPC.

3.

Allegedly, son of the informant is said to have been stabbed to death by unknown miscreants.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is not named in the F.I.R. and has been falsely implicated in this case. Name of petitioner transpired in this case on the confessional statement of one co-accused Rajan Sharma. Apart from that there is no specific allegation against the petitioner and there is no eye-witness to the alleged occurrence. Petitioner

Patna High Court CR. MISC. No.55074 of 2023(3) dt.14-09-2023 2/2 has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that the name of petitioner transpired on the basis of confessional statement of the co-accused and the Apex Court judgment passed in the case of Indresh Kumar v/s The State of UP & Anr. (Criminal Appeal no.938 of 2022) has held that "statements under section 161 of Cr.P.C. may not be admissible in evidence, but are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence".

6.

Having regard to the facts and circumstances of the case and considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T