Bhagwan Kumar Yadav @ Bhagwan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70964 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== BHAGWAN KUMAR YADAV @ BHAGWAN RAY S/O BHULAN RAI R/v- Pakaha, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 394 and 302 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the informant received a call from unknown number that on Rajapati one CSP owner has been shooted by some unknown persons and looted away his money. The informant reached hospital and found his brother Ram Narayan Singh @ Galedu Singh dead.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of

Patna High Court CR. MISC. No.70964 of 2022(3) dt.27-04-2023 2/2 confessional statement of co-accused Arjun Kumar, which has got no evidentiary value in the eyes of law. There is no specific overt act against the petitioner and no eye-witness of the alleged occurrence. Nothing incriminating article has been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 21.07.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No. 45 of 2022.

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