Om Prakash Kumar @ Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65924 of 2018 Arising Out of PS. Case No.-110 Year-2018 Thana- PIPRAKOTHI District- East Champaran ====================================================== Om Prakash Kumar @ Subhash Yadav, Son of Shiv Shankar Prasad Yadav, Resident of Village+P.O.- Manglapur, P.S.- Sangrampur, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumit Kumar Jha For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2018 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned counsel for the State.

The petitioner seeks bail in connection with Piprakothi P. S. Case No. 110 of 2018 instituted for the offence under Section(s) 302/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that mere suspicion has been raised against this petitioner in the written report.

Learned counsel for the informant has appeared and opposed the prayer for bail. He has submitted that confessional statement of co-accused, namely Rana Kumar and Rambahadur

Patna High Court Cr.Misc. No.65924 of 2018(3) dt.05-12-2018 2/2 Singh @ Bhuar Singh has been recorded in Paragraph Nos. 89 and 137 of the case diary wherein, they have taken the name of this petitioner.

Learned counsel for the petitioner has submitted that in those confessional statements there is no allegation against this petitioner of causing injury to the deceased. It has further been submitted that co-accused with similar allegation has already been granted regular bail by a co-ordinate Bench of this Court by order dated 04.10.2018 in Criminal Misc. No. 61144 of 2018.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Piprakothi P.S. Case No. 110 of 2018, subject to the condition that both the bailers shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T