Gorakh Kumar Yadav @ Gorakh Kumar @ Gaurav Kumar Yadav @ Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73950 of 2023 Arising Out of PS. Case No.-260 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== Gorakh Kumar Yadav @ Gorakh Kumar @ Gaurav Kumar Yadav @ Kamlesh Kumar Son Of Bandhu Yadav @ Bandhu Kumar R/O Mohalla - Badi Pahadi, P.S. - Agam Kuan, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Nath Verma For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201 and 120B of the Indian Penal Code.

3. According to prosecution case, this petitioner along with other co-accused persons has committed murder of the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. There is no eye witness of the alleged occurrence and informant is also not the eye witness of this case. Except

Patna High Court CR. MISC. No.73950 of 2023(5) dt.29-02-2024 2/2 suspicion, nothing consistent material has come against the petitioner in commission of murder of the informant's son. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide order dated 04.09.2023 in Cr. Misc. No. 47132 of 2023. Moreover, the petitioner is languishing in judicial custody since 06.07.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Agamkuan P.S. Case No. 260 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned First Additional Sessions Judge, Patna City.

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