Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23195 of 2018 Arising Out of PS.Case No. -145 Year- 2016 Thana -DELHA District- GAYA ======================================================

1. Mukesh Kumar, Son of Naresh Yadav, resident of Village- Bali, P.S.- Tekari, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Veer For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Delha P.S.Case no.145 of 2016 , registered for offences punishable under Sections 324, 307/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner as per Fir is of firing on the informant by one Ram Babu and allegation against this petitioner is that he fled away from the place of occurrence on a motorcycle with the aforesaid Ram Babu.

Submission of the learned counsel for the petitioner is that though specific allegation has been attributed against him that Rambabu has fled away on his motorcycle and he has criminal antecedent.

Patna High Court Cr.Misc. No.23195 of 2018 (2) dt.19-04-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender before the court below within a period of four weeks from the date of receipt of the order and on his surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VII, Gaya in connection with Delha P.S.Case No.145 of 2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T