Vikash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79930 of 2019 Arising Out of PS. Case No.-605 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== VIKASH KUMAR YADAV S/O- Sant Lal Yadav @ Sant Lal Pd. Yadav Resident of Village - Ganesh Chowk Bari Khanjarpur, P.S.- Barari, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-06-2020 The petitioner seeks bails in connection with Kotwali (Barari) P. S. Case No. 605 of 2019 dated 15.07.2019 instituted for the offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

The brother of the informant is alleged to have told the informant on telephone that one Nakul Yadav has asked for a ransom amount of Rs. 5,00,000/- and the petitioner has offered to negotiate. Thereafter the brother of the informant was found to have been killed. The petitioner was not named in the F.I.R. as

Patna High Court CR. MISC. No.79930 of 2019(3) dt.04-06-2020 2/3 the person who had killed the deceased but about him there was only the allegation that he had offered to negotiate about the ransom amount. However, later, during the course of investigation, the informant has given a further statement in which he had attributed the act of firing to the petitioner.

Mr. Indeshwari Prasad Mandal, learned counsel for the petitioner has submitted that the statement of the informant cannot be relied upon as he has changed his statement a number of times and had he seen the deceased having being killed by the petitioner, he would have surely mentioned this fact in the F.I.R. The petitioner is stated to be in custody since 19.07.2019 and one case in which he has earlier been made accused and about which reference has been made in paragraph 3 of the bail petition, he is on bail. Considering the afore-stated facts, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten

Patna High Court CR. MISC. No.79930 of 2019(3) dt.04-06-2020 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P. S. Case No. 605 of 2019.

(Ashutosh Kumar, J) skm/- U