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Patna High CourtCR. MISC./73828/2018allowed

Mukesh Yadav v. The State Of Bihar

2018-12-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73828 of 2018 Arising Out of PS. Case No.-838 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Mukesh Yadav Son of Shivpujan Pd. Yadav Resident of Village- Miscot, Khadi Bhandar Road, Ward No. 07, P.S. Motihari town, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Motihari Town P.S. Case No. 838 of 2017 for the offence under Sections 302, 120B, 34 of the Indian Penal Code, and 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has no criminal antecedent and the name of the petitioner surfaced in the instant case on the confessional statement of co-accused Subody Kumar Yadav, Rohit Kumar Singh @ Chandan Singh and Deva Gupta. Learned counsel for the petitioner submits that similarly circumstanced other co-accused namely Sugandh Kumar Gupta

Patna High Court Cr.Misc. No.73828 of 2018(2) dt.18-12-2018 2/2 @ Sugandh Kumar has been granted bail by Co-ordinate Bench of this Court in Crl misc. No. 26475 of 2018 vide order dated 19.6.2018.

Considering the aforesaid fact that co-accused namely Sugandh Kumar Gupta @ Sugandh Kumar has been granted bail by Co-ordinate Bench of this Court in Crl misc. No. 26475 of 2018 vide order dated 19.6.2018. On the ground of parity, let the petitioner above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Motihari Town P.S. Case No. 838 of 2017, subject to the conditions as laid down under Section 438 Cr.P.C. (Anil Kumar Upadhyay, J) T.Kr./- U T