Pankaj Yadav @ Pankaj Kr. Yadav @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11942 of 2017 Arising Out of PS.Case No. -291 Year- 2015 Thana -KATORIA District- BANKA ====================================================== Pankaj Yadav @ Pankaj Kr. Yadav @ Pankaj Kumar, Son of Shankar Yadav, Resident of Village- Bara, Police Station- Belhar, District- Banka. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Mukherjee, Advocate.

For the Opposite Party : Mr. Dr. Rabindra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-05-2017 Heard Mr. Ajay Mukheree, learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

The petitioner apprehends his arrest in Katoriya (Suiya) P.S. Case No. 291 of 2015 registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. The grandfather of the deceased lodged the case against unknown after the recovery of dead body of Pankaj @ Rahul. Learned counsel for the petitioner submits that the name of the petitioner figured in the case in the confessional statement of Teklal Yadav. Save and except the confessional statement of Teklal Yadav, there is no other material to show the involvement of the petitioner.

On the other hand, learned counsel for the informant

Patna High Court Cr.Misc. No.11942 of 2017 (4) dt.23-05-2017 2/2 submits that Teklal Yadav confessed his guilt and disclosed that the petitioner was also involved in the murder of Pankaj @ Rahul. On the confession of Teklal Yadav the weapon used for committing murder was recovered. Regular bail of Teklal Yadav has already been rejected vide order dated 23.05.2016 passed in Cr. Misc. No. 16643 of 2016.

It appears that the name of the petitioner was figured in the case in the confessional statement of Teklal Yadav but, the nature of offences showed that the investigating officer may require custodial interrogation of the petitioner. Teklal Yadav has confessed his guilt and disclosed the name of the petitioner that he also participated in the killing of Pankaj @ Rahul after calling him.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T