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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9415 of 2020 Arising Out of PS. Case No.-25 Year-2019 Thana- GORAUL District- Vaishali ====================================================== MUKESH KUMAR SINGH @ MUKESH SINGH S/o Brij Kishore Singh @ Kishore Singh R/o village- Basantpur Kakrahta, P.S.- Bidupur, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-06-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Goraul P.S. Case No. 25 of 2019, G.R. No. 518 of 2019, disclosing offence punishable under Section 395 of the Indian Penal Code. The FIR has been registered against unknown. The petitioner's name transpired in course of investigation on the basis of confessional statement of co-accused Mantu Kumar. Said Mantu Kumar was apprehended by the police on suspicion, on the basis of secret information to the effect that said Mantu Kumar was found wandering near the place of occurrence, on the date of occurrence.

Learned counsel appearing on behalf of the petitioner has submitted that the said confessional statement of Mantu

Patna High Court CR. MISC. No.9415 of 2020(3) dt.02-06-2020 2/2 Kumar recorded by the police has not led to any recovery, which is the sole basis of petitioner's implication. He has further submitted that despite the fact that petitioner is in custody since 18.06.2019, till date he has not been put on T.I. Parade. Referring to the other cases, in which the petitioner has been made accused, as disclosed in paragraph 3 of the application, he has submitted that in those cases too the petitioner has been made accused on the basis of confessional statement of coaccused. On perusal of the case diary, I am prima facie satisfied with the submission advanced on behalf of the petitioner. This application is accordingly allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in Goraul P.S. Case No. 25 of 2019, G.R. No. 518 of 2019.

(Chakradhari Sharan Singh, J) Rajesh/- U T