Mukesh Kumar @ Santosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24679 of 2020 Arising Out of PS. Case No.-14 Year-2018 Thana- SILAO District- Nalanda ====================================================== MUKESH KUMAR @ SANTOSH Son of Amirak Mahto Resident of Village- Loharpura, P.S.- Kadirganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-02-2021 Heard learned counsel for the parties.

Earlier the bail of the petitioner was rejected vide orders dated 08.03.2019 passed in Criminal Miscellaneous No. 78724 of 2018 and order dated 16.10.2019 passed in Criminal Miscellaneous No. 57139 of 2019.

Petitioner seeks bail in Silao P.S. Case No. 14 of 2018 registered for the offence punishable under Section 395 of the Indian Penal Code.Learned counsel for the petitioner submits that Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 09.01.2019 in Criminal Miscellaneous No. 80052 of 2018 and order dated 03.03.2020 in 14675 of 2020. It is further submitted that petitioner is in custody since

Patna High Court CR. MISC. No.24679 of 2020(3) dt.03-02-2021 2/2 04.04.2018 and he has completed more than two and a half years of Jail custody.

Considering the aforesaid facts and circumstances of the case and the period of custody, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Silao P.S. Case No. 14 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) 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. (S. Kumar, J) ranjan/- U