Bacha Yadav @ Chhotu Kumar @ Chhotu Bacha Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70845 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- DELHA District- Gaya ====================================================== BACHA YADAV @ CHHOTU KUMAR @ CHHOTU BACHA YADAV son of Late Bachhu Yadav @ Late Om Prakash Yadav Mohalla- Bangla Asthan Ps- Kotwali Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priya Ranjan For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302, of the Indian Penal Code and Section 27 of the Arms Act.
3. As per FIR, the allegation against FIR, named accused person is that that due to previous dispute he committed murder of the informant's.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR and he has falsely been implicated in this present case merely on the basis of confessional statement of co-accused, namely,
Patna High Court CR. MISC. No.70845 of 2023(3) dt.08-12-2023 2/2 Rahul Kumar which does not get evidentiary value in the eye of law. The informant is not an eye witness of the alleged occurrence and there is no specific allegation levelled against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 22.07.2023.
5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Delha P.S. Case No. 17 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Gaya.
(Sunil Kumar Panwar, J) Manishkr/- U T