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Patna High CourtCR. MISC./68740/2021bail granted

Krisha Yadav @ Krishna Yadav @ Rakesh Yadav v. The State Of Bihar

2022-03-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68740 of 2021 Arising Out of PS. Case No.-621 Year-2015 Thana- BANKA District- Banka ====================================================== Krisha Yadav @ Krishna Yadav @ Rakesh Yadav S/o Adhik Lal Yadav Resident of Village- Majlishpur, P.S.- Banka, District- Banka (Bihar)- 813102. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Tiwary For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sessions Trial No. 44 of 2016, arising out of Banka P.S. Case No. 621 of 2015, registered for the offence under Sections 302, 201/34 of the Indian Penal Code.

The F.I.R. was lodged against unknown for committing the murder of son of the informant. It is submitted on behalf of petitioner that name of petitioner has transpired during course of investigation, in the confessional statement of co-accused Penter Kumar Mishra, who has already been granted bail by this Court, vide order dated 05.04.2016 passed in Cr.Misc. No. 5910 of 2016 (Annexure 4 series). It is further submitted that petitioner has

Patna High Court CR. MISC. No.68740 of 2021(2) dt.04-03-2022 2/2 been falsely implicated in this case on suspicion. Besides confessional statement of co-accused, there is no legal or tangible evidence in the case diary to show involvement of petitioner in the alleged crime and he is in custody since 26.08.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III, Banka in connection with Sessions Trial No. 44 of 2016, arising out of Banka P.S. Case No. 621 of 2015.

(Prabhat Kumar Singh, J) anay/- U T