Jatu Yadav @ Chitranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3229 of 2023 Arising Out of PS. Case No.-129 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== Jatu Yadav @ Chitranjan Yadav Son Of Dularchand Yadav @ Gulabchand Yadav R/O Vill.- Bagiya, P.S.- Imamganj, Distt.- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B) of the Indian Penal Code.

According to F.I.R., the allegation against the petitioner along with others is of killing the brother of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the F.I.R. There is no eye witness in this case. His name has been transpired on the basis of confessional statement of coaccused Sunil Kumar Yadav before the police which has not evidentiary value in the eye of law. Neither the petitioner has

Patna High Court CR. MISC. No.3229 of 2023(4) dt.22-06-2023 2/2 been put on T.I.P. till date nor any incriminating article has been recovered from the conscious possession of the petitioner. There is no consistent evidence against the petitioner which shows his involvement in the alleged offence. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 01.08.2022. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Aurangabad Muffasil P.S. Case No. 129 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 C.J.M., Aurangabad. (Sunil Kumar Panwar, J) lata/- U T