Ajit Yadav @ Ajit Kumar Yadav @Ajeet Yadav @ Ajeet Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67816 of 2021 Arising Out of PS. Case No.-448 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Ajit Yadav @ Ajit Kumar Yadav @AJEET Yadav @ Ajeet Kumar Yadav Son of Sakal Dev Yadav Resident of Village - Banuchhapar, P.s.-Banuchhapar O.P., Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Majhaulia P.S. Case No. 448 of 2020 registered for the offence under Sections 302, 120(B) and 34 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 18.08.2021.

The allegation against the petitioner is to commit murder of the son of informant, alongwith other co-accused persons for land/property related disputes.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.67816 of 2021(4) dt.15-10-2022 2/3 submitted that petitioner is not named in F.I.R., where name of petitioner surfaced, during the course of investigation, on the basis of confessional statement of the co-accused, namely, Sujeet Kumar, in furtherance thereof, no incriminating material recovered/surfaced to connect petitioner, prima facie, with present set of occurrence. It is further submitted that the named co-accused person, namely, Rajiv Jha has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 780 of 2021 vide order dated 08.03.2021. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that petitioner is not named in F.I.R. Considering the facts and circumstances as mentioned above, as nothing surfaced/recovered in furtherance of confessional statement of co-accused, which may connect this petitioner with present occurrence coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with

Patna High Court CR. MISC. No.67816 of 2021(4) dt.15-10-2022 3/3 Majhaulia P.S. Case No. 448 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T