Patna High CourtCR. MISC./12043/2018bail granted

Mukesh Kumar v. The State Of Bihar

2018-03-06Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.12043 of 2018 (2) dt.06-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12043 of 2018 Arising Out of PS.Case No. -204 Year- 2017 Thana -BAKHTIYARPUR RAIL P.S. District- PATNA ====================================================== Mukesh Kumar S/o Sri Natho Ram @ Sri Nathu Ram, R/o VillageBelthan , P.S.- Bakhatiyarpur, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Ms. Usha Kumari Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.10.2017 in connection with Bakhatiyarpur Rail P.S. Case No. 204 of 2017 for the offences alleged under Sections 341, 323, 324, 307, 353/34, 399, 402 of the Indian Penal Code and 25(1)(b)/26/35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and except half blade said to have been seized from the petitioner, there is no other recovery of any incriminating articles from his possession. Similarly situated coaccused Santosh Kumar has already been granted bail by this Court in Cr. Misc. No. 6414 of 2018.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Railway,

Patna High Court Cr.Misc. No.12043 of 2018 (2) dt.06-03-2018 Patna, in connection with Bakhatiyarpur Rail P.S. Case No. 204 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T