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Patna High CourtCR. MISC./4614/2020bail granted

Mukesh Yadav @ Mukesh Kumar v. The State Of Bihar

2020-06-08Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4614 of 2020 Arising Out of PS. Case No.-36 Year-2011 Thana- NARDIGANJ District- Nawada ============================================== MUKESH YADAV @ MUKESH KUMAR Son of Nathun Yadav Resident of Village - 146 (C), Budh Public School, Ashok Nagar, Gaya, Distt - Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar For the Opposite Party/s :

Mr.Binod Kumar ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-06-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner, who is in custody since 15.11.2019 seeks bail in connection with Nardiganj P.S. Case No. 36 of 2011 dated 09.05.2011 instituted for offence Sections 302 and 201 of the Indian Penal Code.

It appears from the prosecution report that a dead body was found by the local Chowkidar. The dead body was having cut marks. The First Information Report was registered against unknown. Later, during the course of investigation, wife of the deceased

Patna High Court CR. MISC. No.4614 of 2020(5) dt.08-06-2020 2/3 disclosed that one Raju had asked the deceased to come out of the house and join the service of the petitioner as the driver of his Sumo Victa vehicle. It has been submitted on behalf of the petitioner that except the vague accusation by the wife of the deceased, there is no other material to connect the petitioner with the offence.

Learned APP for the State, however, has opposed the prayer for bail and has submitted that case is of the year 2011 and it is only in the year 2019 that the petitioner has surrendered.

However, looking at the nature of accusation against the petitioner and the fact that beyond the statement of the wife of the deceased, which has been discussed in the earlier part of the order, there is no other material to connect the petitioner with the crime, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.4614 of 2020(5) dt.08-06-2020 3/3 satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nardiganj P.S. Case No. 36 of 2011.

(Ashutosh Kumar, J) sunilkumar/- U T