Mukesh Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7233 of 2015 Arising Out of PS.Case No. -447 Year- 2013 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Mukesh Kumar Sharma S/o Kantu Sharma @ Kantu Thakur Resident of Village Mustafaganj, P.S. Minapur, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Jitendra Kumar Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-04-2015 Heard both sides.

Petitioner seeks bail in Ahiyapur P.S.Case No.447 of 2013 registered under Sections 393, 398 and 302 IPC. The petitioner is not named in the first information report. The informant alleged that three persons came on a motor cycle and fired, which hit Raj Kumar Jha. The name of the petitioner figured in the case in para-29 of the case diary by the informer of the police. Thereafter, the Investigating Officer took the statement of Dilip Kumar Pandey who is said to have said that the petitioner was fleeing along with two other accused in a perplex condition. Pradeep Paswan is not the witness of the occurrence and thereafter according to the confessional statement, the petitioner has been made accused, who is in jail since 11.11.2013.

Considering the facts aforesaid, the petitioner, named above, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court Cr.Misc. No.7233 of 2015 (3) dt.20-04-2015 amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S.Case No. 447 of 2013.

(Prabhat Kumar Jha, J) ahk/- U T