Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19139 of 2021 Arising Out of PS. Case No.-94 Year-2020 Thana- HASANPUR District- Samastipur ====================================================== MUKESH KUMAR SON OF VIJAY PRASAD SINGH VILLAGE MALDAH P S HASANPUR, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-10-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in connection with a case registered under sections 365 and 363 of the Indian Penal Code to which sections 302, 120B and 201 of the Indian Penal Code was added subsequently. As per the prosecution case, the father of the informant who left his house on 2.5.2020 did not return and was not to be found inspite of search. As such the matter was reported to the police and the FIR was registered.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation in the confessional statement of co-accused Savitri Devi made before police. As per the said confession the deceased was having bad

Patna High Court CR. MISC. No.19139 of 2021(3) dt.07-10-2021 2/2 intentions towards the said Savitri Devi and as such it is stated that she along with other accused persons including her husband and the petitioner herein killed the deceased. It is submitted by learned counsel for the petitioner that there is no other material against the petitioner except the confessional statement of a co-accused made before police. Petitioner is in custody since 16.5.2020 and charge sheet has been submitted in the case.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner having remained in custody for 1 year 4 months, the Court directs the petitioner to be enlarged on bail in connection with S.T. no. 171 of 2020 (arising out of Hasanpur P.S. Case no. 94 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II, Rosera, District Samastipur. (Partha Sarthy, J) Prakash/- U