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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6626 of 2019 Arising Out of PS. Case No.-653 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== MUKESH YADAV @ MUKESH KUMAR YADAV son of Jhari Lal Yadav Resident of Village- Kochaili, P.S.- Sadar, Dist- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-04-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Purnea Sadar P.S.Case no.653 of 2018 , registered for offences punishable under Sections 302, 120B/34 of the Indian Penal Code.

Allegation as per FIR is that the informant received information that his father has been killed and he came to Purnea and thereafter lodged the case making suspicion against the petitioner and other persons of killing his father. Submission of the learned counsel for the petitioner is that the petitioner has been made accused on suspicion. It has further been submitted that the accused persons who have been identified in the CCTV was seen with the petitioner , however, para 85 and other paragraphs of the case diary discloses that in

Patna High Court CR. MISC. No.6626 of 2019(3) dt.02-04-2019 2/2 the CCTV footage, accused were not identified as they were bearing Helmet, as such the petitioner has falsely been implicated due to business rivalry.

Heard learned A.P.P. who has opposed the pryaer for bail.. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with Purnea Sadar P.S.Case nO.653 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure till submission of the charge-sheet in this case, however, if the charge-sheet has been submitted and further incriminating material comes against the petitioner, he has to surrender before the learned court below within period of six weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on the basis of materials available on the record.. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T