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Patna High CourtCR. MISC./26596/2021bail granted

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

2021-11-30Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26596 of 2021 Arising Out of PS. Case No.-596 Year-2019 Thana- MADHAURAH District- Saran ====================================================== MUKESH SINGH @ MUKESH KUMAR @ BHIM Son of Late Arjun Singh Resident of Village - Aawari, P.S.- Madhaurah, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.K. Shahi, Sr. Advocate Mr. Satyam Shivam Sundaram, Advocate For the State :

APP For the Opp. Party victim:

Mr. Udaishankar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307, 379 and other sections of the Indian Penal Code and sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.

As per the prosecution case, it is stated by the informant that on information having been received a SIT was constituted and a raid was conducted wherein as a result of firing by the accused persons two persons on the police side died.

It is submitted by learned senior counsel appearing for the petitioner that the petitioner has been falsely implicated in the case. He is not named in the FIR. Further, referring to the

Patna High Court CR. MISC. No.26596 of 2021(2) dt.30-11-2021 2/2 order of the learned Court below rejecting the application for bail of the petitioner it is submitted that from the same it would transpire that the name of the petitioner transpired in the confessional statement of co-accused made before police including the statement of one Manoranjan Singh who has been enlarged on bail vide order dated 20.3.2020 (Annexure 4) passed in Cr. Misc. no. 81598 of 2019. The petitioner is in custody since 15.1.2021 and has no criminal antecedent. The application for bail is opposed by learned counsel appearing for the State assisted by learned counsel appearing for one of victims.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with grant of bail to the aforesaid accused Manoranjan Singh, the Court directs the petitioner to be enlarged on bail in connection with Madhaurah P.S. Case no. 596 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-XIII, Saran, Chapra. (Partha Sarthy, J) Prakash/- U