Aniket Kumar Yadav Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Satyapal Singh, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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4 02-05-2025

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Heard Mr. Satyapal Singh, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State.

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Petitioner seeks bail, who is in custody since 08.01.2024, in connection with Sessions Trial No. 133 of 2024 arising out of Brahmpur (Krishnabrahm) P.S. Case No. 507 of 2023, F.I.R. dated 18.08.2023 registered for the offences punishable under Sections 457, 380, 302 of the Indian Penal Code.

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The F.I.R. of the occurrence of murder is against

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unknown.

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Earlier the prayer for bail of the petitioner was rejected vide order dated 26.07.2024 passed in Cr. Misc. No. 26147 of 2024.

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Patna High Court CR. MISC. No.4836 of 2025(4) dt.02-05-2025 2/3

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Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that initially the petitioner was informant in the present case and there is no eye witness of the alleged occurrence and only on the basis of information furnished by the spy which was recorded in paragraph nos. 66 and 73 of the case diary the petitioner has been falsely implicated in the present case and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. Thereafter, the petitioner has given self confessional statement in which he has accepted that he has committed the crime in question. The petitioner is in custody since 08.01.2024.

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The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and initially the petitioner was the informant in the present case as well as the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 08.01.2024, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

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Patna High Court CR. MISC. No.4836 of 2025(4) dt.02-05-2025 3/3

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learned District & Additional Sessions Judge-II, Buxar in connection with Sessions Trial No. 133 of 2024 arising out of Brahmpur (Krishnabrahm) P.S. Case No. 507 of 2023, subject to the following conditions :-

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(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Ibrar//-

Aniket Kumar Yadav v. The State of Bihar

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Aniket Kumar Yadav v. The State of Bihar

Case brief

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