Alok Kumar @ Alok Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1898 of 2024 Arising Out of PS. Case No.-449 Year-2022 Thana- PAHARPUR District- East Champaran ====================================================== Alok Kumar @ Alok Yadav Son Of Motilal Yadav Resident Of Village - Kanta Chowk Ahir Toli, Police Station - Bairiya, District - West Champaran ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Brij Kishor Mishra, Advocate For the Opposite Party :
Mr.Harendra Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.
3. As per the prosecution case, three unknown accused persons came to the house of the informant with whom his son went somewhere. After sometime his dead body was recovered with multiple stab injuries.
4. Learned counsel appearing for the petitioner submits that the petitioner is not named in the First Information Report. Petitioner's name has come in this case during course of investigation on the basis of confessional statement of coaccused Subhash Kumar and Purnima Devi to the effect that the petitioner and other accused persons committed murder of the son of the informant which has got no evidentiary value. Learned counsel submits that save and except confessional
Patna High Court CR. MISC. No.1898 of 2024(3) dt.07-03-2024 2/2 statement, there is no other direct or indirect evidence against the petitioner to show his complicity in the occurrence. Petitioner claims clean antecedent.
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in Paharpur Police Station Case No. 449 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T