Alok Kumar @ Alok Yadav Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Alok Kumar @ Alok Yadav Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Enlargement on bail in the event of arrest or surrender within six weeks from 07-03-2024, on furnishing bail bond of Rs.10,000/- 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) CrPC.

Issue for consideration

Whether anticipatory (pre-arrest) bail should be granted to the petitioner, who apprehends arrest in Paharpur PS Case No. 449 of 2022 registered for the offence punishable under sections 302/34 IPC, and against whom counsel contends there is no evidence of complicity beyond co-accused confessional statements recorded during investigation.

Court's answer

Considering the stated facts (petitioner unnamed in FIR, named only via co-accused confessional statements, claimed clean antecedent), the court allowed the prayer for bail: in the event of arrest or surrender within six weeks from 07-03-2024, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the 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) CrPC.

Detailed headnote1 paragraphs

CRIMINAL MISCELLANEOUS No.1898 of 2024 (Patna High Court) (Oral Order) (Hon'ble Prabhat Kumar Singh, J.), decision dated 07-03-2024 — Alok Kumar @ Alok Yadav v. The State Of Bihar: Anticipatory bail granted under section 438(2) CrPC to the petitioner apprehending arrest in Paharpur Police Station Case No. 449 of 2022 (District East Champaran), registered for the offence punishable under sections 302/34 IPC. Prosecution version: three unknown accused persons took away the informant's son, whose dead body was later recovered with multiple stab injuries. Counsel's submissions: petitioner not named in the FIR; his name surfaced during investigation only on the basis of confessional statements of co-accused Subhash Kumar and Purnima Devi, contended to have no evidentiary value; petitioner claims clean antecedent. Considering these facts, the court allowed the prayer for bail: in the event of arrest/surrender within six weeks, petitioner to 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, subject to conditions under section 438(2) CrPC.

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 ================ Appearance : For the Petitioner For the Opposite Party ================	... ... Opposite Party ====================================== : Mr.Brij Kishor Mishra, Advocate : Mr.Harendra Prasad, Addl Public Prosecutor ======================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 07-03-2024

Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

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.

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.

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

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