Abhay Kumar @ Abhay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16422 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -MAGADH UNIVERSITY District- GAYA ====================================================== Abhay Kumar @ Abhay Kumar Yadav, son of Deonath Yadav, resident of village Dariyatu, District Chatra (Jharkhand). .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 08.02.2017 in connection with Magadh University P.S. Case No. 101 of 2016 for the alleged offences under Sections 272, 273/34 of the Indian Penal Code and Section 30(A), 32(2) of the Bihar Excise Amendment Act, 2016.

3. It is submitted that the petitioner has been falsely implicated merely on extra judicial confessional statement of coaccused Pramod Bhokta, the latter having been arrested on the spot. The petitioner was not present at the place of occurrence nor any incriminating articles have been recovered from his possession.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since

Patna High Court Cr.Misc. No.16422 of 2017 (2) dt.04-04-2017 08.02.2017 already suffered by the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IXth, Gaya in connection with Magadh University P.S. Case No. 101 of 2016.

(Vikash Jain, J) Chandran/BT U T