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Patna High CourtCR. MISC./63647/2022allowed

Prakash Yadav v. The State Of Bihar

2023-06-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63647 of 2022 Arising Out of PS. Case No.-413 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Prakash Yadav Son Of Rajendra Yadav Resident Of Village - Kola Khurd, P.S.- Jagdishpur, Dist.- Bhagalpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gyanendra Kumar Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code. It is a case of commission of murder of the son of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the basis of confessional statement of co-accused Bajrangi

Patna High Court CR. MISC. No.63647 of 2022(4) dt.23-06-2023 2/2 Yadav. Moreover, other F.I.R named accused have been granted bail vide order dated 13.02.2023 passed in Cr. Misc. No. 41600 of 2022. The petitioner is languishing in custody since 13.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. Case No. 413 of 2021.

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