Mukesh Yadav @ Mukko v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21935 of 2020 Arising Out of PS. Case No.-471 Year-2019 Thana- BALIYA District- Begusarai ====================================================== MUKESH YADAV @ MUKKO Son of Bindeshwari Yadav @ Bino Yadav Resident of Village - Hira Tol, P.S.- Sahebpur Kamal, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Advocate For the Opposite Party/s :

Ms. Sangita Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Balia P.S. Case No. 471 of 2019, registered for the offence punishable under Section 414 of the Indian Penal Code and sections 25(1-B)A, 26 and 35 of the Arms Act.

One motorcycle and one live cartridge from the jacket of this petitioner are said to have been recovered. When the police asked for the paper of the said motorcycle, petitioner could not produce the same.

It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.21935 of 2020(2) dt.09-07-2020 2/2 petitioner has falsely been implicated in this case due to village politics. Petitioner is in custody since 21.12.2019 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 learned Chief Judicial Magistrate, Begusarai in connection with Balia P.S. Case No. 471 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T