Mukesh Kumar @ Muku Baba @ Rakesh @ Rajesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19099 of 2021 Arising Out of PS. Case No.-164 Year-2019 Thana- DANAPUR District- Patna ====================================================== MUKESH KUMAR @ MUKU BABA @ RAKESH @ RAJESH Son of Ramanuj Prasad Resident of Village- Bhikhana Pahari Kachori Gali, Sadpur, P.S.- Kadamkuan, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-10-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, the son of the informant works as vendor in the Sudha Gas Agency. It is stated that six accused persons on two motorcycles came there of which Pinku Jaiswal, Ranjeet Jaiswal and his nephew were driving the motorcycles while the informant did not recognize the other three. It is further stated that Pinku Jaiswal and Ranjeet Jaiswal resorted to indiscriminate firing as a result of which the informant's son was injured and died in course of treatment.
Patna High Court CR. MISC. No.19099 of 2021(3) dt.21-10-2021 2/2 The informant further states that a few days back there was some altercation between her son and Pinku Jaiswal. It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. The specific allegation in the F.I.R. of firing is against Pinku Jaiswal and Ranjeet Jaiswal. The name of the petitioner transpired in course of investigation wherein he is alleged to have made a confessional statement before police which is inadmissible. The petitioner is in custody since 5.9.2019 and chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the contents of the F.I.R together with the submissions made on behalf of the petitioner and the period in custody, the Court directs the petitioner to be enlarged on bail in connection with Danapur P.S. Case no.164 of 2019 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 Judicial Magistrate 1st Class, Danapur. (Partha Sarthy, J) Bibhash/- U