Mukul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16888 of 2020 Arising Out of PS. Case No.-105 Year-2016 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== MUKUL KUMAR S/o Satyadeo Ram R/o village- Akuraha Khargi, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 302/34 of the Indian Penal Code.

The prosecution case in brief is that the accused persons in the garb of property dispute, started abusing the informant and in consequence thereof, brutally assaulted brother-in-law of the informant, namely Raj Kumar Ram with iron rod, lathi, danda with intention to kill him and due to which, he sustained injury and in course of treatment died.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.16888 of 2020(2) dt.02-06-2020 2/2 tampering of witnesses alleged against the petitioner. The petitioner is in custody since 02-01-2020. Charge sheet has already been submitted. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The other co-accused with similar allegation have been granted bail by this court vide orders dated 26-07-20169 passed in Cr. Misc. No. 34147 of 2016.

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

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, West, Muzaffarpur in connection with Kanti P.S. Case No. 105 of 2016. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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