Mukesh Kumar @ Budhan Gope @ Budhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12745 of 2018 Arising Out of PS.Case No. -114 Year- 2016 Thana -RAMKRISHNANAGAR District- PATNA ======================================================

1. Mukesh Kumar @ Budhan Gope @ Budhan Yadav S/o Bijendra Prasad @ Bijendra Yadav, R/o Vill.- Noniya Bigha, P.S.- Hilsa, District- Nalanda. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sidhendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-04-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 394,302,34 IPC and 27 of the Arms Act. Learned counsel for the petitioner submits that 2/3 months after the occurrence a disclosure was made by an informer of the police on which co-accused Sanjay Pandey @ Viccky Pandey was arrested on whose confessional statement petitioner has been implicated in this case. There is no recovery from the petitioner and he has not been put on TI parade till date. Said coaccused Sanjay Pandey has already been allowed bail by this Court vide order dated 17.2.2018, passed in Cr.Misc.No.63045 of 2017. Prior to the lodging of this case, he is accused in other cases mentioned in paragraph 3 of the bail application, in which he is already on bail. Petitioner is in custody since 13.1.2017.

Patna High Court Cr.Misc. No.12745 of 2018 (2) dt.06-04-2018 Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, XIII, Patna in Ram Krishna Nagar Police Station Case No. 114 of 2016 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(b) The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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