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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57135 of 2019 Arising Out of PS. Case No.-21 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== ARVIND KUMAR @ ARVIND YADAV @ ARVIND KUMAR YADAV S/o Alakhdev Prasad @ Alakhdeo Yadav R/o village- Khakhndua, P.S.- Govindpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Arun For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 302 of the Indian Penal Code, 27 of the Arms Act and 15, 16, 18 & 20 of UAPA Act..

The prosecution case in brief is that by unknown person call was made on the mobile of the petitioner and an amount of Rs. 5,00,000/- (five lakhs) was demanded as ransom. Further case is that the informant's nephew was shot dead. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 10-05-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The petitioner is not

Patna High Court CR. MISC. No.57135 of 2019(3) dt.18-12-2019 2/2 named in the FIR. His name transpired in this case on the basis of confessional statement made by the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence nor there is circumstantial evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VII, Nawada in connection with Sessions Trial No. 222 of 2019 arising out of Govindpur P.S. Case No. 21 of 2019 .

(Sudhir Singh, J) A.K.V.//- U T