Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15648 of 2019 Arising Out of PS. Case No.-84 Year-2018 Thana- GHOGHARDIHA District- Madhubani ====================================================== MUKESH YADAV S/o Digambar Prasad Yadav Resident of Village- Gotha Narahiya, P.S.- Laukahi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 394 of the Indian Penal Code.

The prosecution case in short is that while informant's uncle was closing his shop, three accused persons having pistol in hand came there and entered in shop and, on protest, the accused persons assaulted the informant's uncle. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 10-09-2018. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name surfaced in this case on the basis of confessional statement of co-accused. The other co-accused

Patna High Court CR. MISC. No.15648 of 2019(2) dt.12-04-2019 2/2 namely Prabhu Kumar Yadav with similar allegation has been granted bail by this court vide order dated 07-03-2019 passed in Cr. Misc. No. 77285 of 2018.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Madhubani in connection with Ghoghardiha P.S. Case No. 84 of 2018.

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