Mukesh Kumar @ Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13990 of 2022 Arising Out of PS. Case No.-37 Year-2019 Thana- PARAIYA District- Gaya ====================================================== Mukesh Kumar @ Mukesh Yadav, aged about 35 years (Male), Son of Durga Yadav @ Durga Kumar Yadav @ Durga Kumar, Resident Of VillageSonbarsha, P.S.- Paraiya, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Prasad Singh, Senior Advocate, Mr. Sanjeev Kumar, Advocate and Mr. Priya Ranjan, Advocate.

For the Opposite Party :

Mr. Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in connection with Paraiya P.S. Case No. 37 of 2019 registered for the offence under Sections 307, 504, 506, 120(B) and 302/34 of the I.P.C. The prosecution, in brief, is that the petitioner alongwith other co-accused persons poured Kerosene Oil on the body of the informant/victim, as a result of which, she died. Earlier bail application of the petitioner was rejected

Patna High Court CR. MISC. No.13990 of 2022(4) dt.14-12-2022 2/3 vide Cr. Misc. No. 34677 of 2020 under order dated 01.03.2021, annexed as Annexure-1 to the present bail application, taking into account the dying declaration of the informant/victim. This is second attempt on behalf of the petitioner for grant of bail.

A report was called for from the learned court below regarding the present stage of the case. It has been reported that the charge has already been framed.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.11.2019. He has remained in custody for more than three years and there is no chance of trial being concluded in near future. Other co-accused persons have already been granted bail vide Cr. Misc. No. 57353 of 2021 under order dated 06.04.2022 and Cr. Misc. No. 24655 of 2022 under order dated 10.11.2022 by another Co-ordinate Benches of this Court. The case of the petitioner stands on similar footing.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.13990 of 2022(4) dt.14-12-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II, Gaya in connection with Paraiya P.S. Case No. 37 of 2019.

(Sudhir Singh, J) U.K./- U T