Akhilesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60440 of 2023 Arising Out of PS. Case No.-167 Year-2023 Thana- SIRDALA District- Nawada ====================================================== Akhilesh Prasad Son Of Late Bharat Mahto Resident Of Village-Vermi, P.S.- Nawada (Kadirganj), District-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 365 of the Indian Penal Code.

It is a case of commission of kidnapping and murder of the husband of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.60440 of 2023(3) dt.02-11-2023 2/3 in the F.I.R and during the course of investigation, the petitioner has been roped in the present case on the basis of confessional statement of co-accused persons. During investigation also, no consistent material evidence was collected against the petitioner to connect the petitioner with the present case and only on the basis of confessional statement of co-accused, which has no evidentiary value in the eye of law, the petitioner has been roped in the present case. The petitioner is languishing in custody since 13.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.60440 of 2023(3) dt.02-11-2023 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Sirdala P.S. Case No. 167 of 2023.

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