Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12025 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -DERNI District- SARAN ======================================================

1. Mukesh Kumar Singh, s/o Suresh Singh, R/o Vill- Salempur, P.S.- Derni, District- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. SSanjay Kumar Tiwary 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Derni P.S Case No. 86 of 2016 registered for the offences punishable under Section 341, 307, 504/34 of the Indian Penal Code and Section 25(1-b)a/26/27 and 35 of the Arms Act. Allegedly, the petitioner and Sudhir Kumar @ Sujeet Kumar came on motorcycle, started abusing and claimed to kill the informant and then the informant started fleeing away thereafter the petitioner opened fire upon him, the informant informed to the police, villagers chased them and they opened fire upon villagers also but in the meantime the police came and motorcycle of the petitioner which was being driven by Sudhir Kumar

Patna High Court Cr.Misc. No.12025 of 2017 (3) dt.13-04-2017 2/3 @ Sujeet Kumar fell down then he was caught but the petitioner fled away in maize filed, the police recovered one country made katta and two live cartridge from the possession of Sudhir Kumar @ Sujit Kumar.

Submission is of false implication and that no injury has been caused to anyone, the petitioner is in custody since 17.11.2016, no arms has been recovered from the possession of the petitioner, he was not caught at the spot and, as such, the petitioner deserves sympathetic consideration. Learned A.P.P. submits that it was the petitioner who opened fire on the informant as well as villagers, but he succeeded in fleeing away.

In the facts and circumstances stated above, considering the detention of the petitioner now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-VII, Saran at Chapra, in connection with Derni P.S. Case No. 86 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on

Patna High Court Cr.Misc. No.12025 of 2017 (3) dt.13-04-2017 3/3 his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T