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Patna High CourtCR. MISC./7086/2025bail granted

Mukesh Kumar @ Mukesh Mishra @ Mukesh Kumar Mishra v. The State Of Bihar

2025-05-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7086 of 2025 Arising Out of PS. Case No.-243 Year-2024 Thana- TARAPUR District- Munger ====================================================== Mukesh Kumar @ Mukesh Mishra @ Mukesh Kumar Mishra S/O Umesh Kumar Mishra @ Umesh Kumar Mishr R/O Village- Sherpur, P.S - Basudevpur, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Tarapur P.S. Case No. 243 of 2024, instituted for the offences punishable under Section 103 of the Bharatiya Nyaya Sanhita, 2023, read with Section 27 of the Arms Act.

3. The prosecution case, in short, is that, some unknown persons have committed murder of informant's brother with a gun shot on his head.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.7086 of 2025(3) dt.06-05-2025 2/2 possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case in course of investigation on the basis of suspicion. It is further submitted that no specific allegation has been attributed against the petitioner, rather the same is general and omnibus in nature. The petitioner is in custody since 05.09.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tarapur P.S. Case No. 243 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T