Amarjeet Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69661 of 2023 Arising Out of PS. Case No.-106 Year-2022 Thana- KOPA District- Saran ====================================================== AMARJEET KUMAR YADAV Son of Harendra Yadav @ Harendra Kumar Yadav Resident of Village-Beldari, Police Station-Daudpur, District-Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shanker Pankaj For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 364, 302, 201 of the Indian Penal Code.
3. The prosecution case, in brief is that on 2.6.2022 at about 3:00 P.M., the sister of the informant went to Daudpur Bazar but did not return home. Thereafter, a dead body was found near Kopa Police Station and the dead body was identified as sister of the informant. The informant alleged that the FIR named accused person along with some unknown miscreant committed murder of his sister.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.69661 of 2023(4) dt.19-01-2024 2/3 petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was sprang up in the present case on the basis of confessional statement of coaccused Hemant Pandit who has already been enlarged on bail granted by a co-ordinate Bench of this Court vide order dt. 17.2.2023 passed in Cr. Misc. No. 60707 of 2022. Except confession of co-accused, no any consistent material has come on record to suggest the complicity of the petitioner in the alleged occurrence. The confession before police is not admissible in the eye of law. It is also submitted vide para 8 of the petition that the informant (sister of the deceased) has denied all allegation against the petitioner and filed a petition with her statement of affidavit on dt. 28.6.2023 in the Court in ABP No. 3014 of 2022, filed by the petitioner of anticipatory bail. The petitioner got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 19.7.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on
Patna High Court CR. MISC. No.69661 of 2023(4) dt.19-01-2024 3/3 bail in connection with Kopa P.S. Case No. 106 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Chapra at Saran. (Sunil Kumar Panwar, J) Amandeep/- U T