Mukesh Kumar Ray @ Mukesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22764 of 2020 Arising Out of PS. Case No.-53 Year-2014 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Mukesh Kumar Ray @ Mukesh Kumar Rai, S/o Lalo Rai Resident of VillageBasauli, P.S.-Kudhni, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate Mr.Shashank Chandra, Advocate For the Opposite Party/s :

Mrs. Sangita Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-11-2020 Heard learned counsel for the petitioner and the State. In the present case, the petitioner is seeking bail in Bhairab Asthan P.S. Case No. 53 of 2014 registered for offence punishable under Sections 395, 397, 412, 304 and 120 (B) of the Indian Penal Code.

Allegation is that the accused persons have looted the truck loaded with garlic, however, counsel for the petitioner submits that he has not been named in the FIR. The name of the petitioner has come during investigation on the confessional statement of co-accused, namely, Deepak Kumar Singh and Rahul Kumar Chaudhary, who have already been granted bail by this Court in Cr. Misc. Nos. 48371 of 2014 and 6043 of 2015. It is urged that the petitioner is in judicial custody since 07.12.2019.

Looking to the entire facts and circumstances of the

Patna High Court CR. MISC. No.22764 of 2020(5) dt.27-11-2020 2/2 case, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Jhanjharpur, Madhubani/court concerned in connection with Bhairab Asthan P.S. Case No. 53 of 2014 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds with a further condition that one of the bailors will be his father.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the concerned police station within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Officer-in-charge of the concerned police station and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. (Shivaji Pandey, J) V.K.