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Patna High CourtCR. MISC./40966/2021bail granted

Mukesh Ranjan Srivastava v. The State Of Bihar

2022-01-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40966 of 2021 Arising Out of PS. Case No.-288 Year-2018 Thana- PALIGANJ District- Patna ====================================================== MUKESH RANJAN SRIVASTAVA Son of Revati Raman Srivastava Resident of Village- Bagmali, P.S.- Town, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr. H. Shivsundaram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2022 Heard learned counsel for the petitioner, the State and the informant.

The matter has been taken up through video conferencing.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, some unknown miscreants shot dead son of the informant while he had gone to Pali for repairing Ultra Sound machine.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the re-statement of informant. It is submitted that petitioner has

Patna High Court CR. MISC. No.40966 of 2021(4) dt.07-01-2022 2/2 been falsely implicated in this case due to business rivalry. No one has seen the petitioner committing the murder of the deceased. It is further submitted that in paragraph 3 of case diary it has come that deceased was conscious while being taken to hospital but he has not whispered anything against this petitioner. Petitioner claims clean antecedent and is in custody since 03.02.2021 and investigation in this case is complete. Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that wife of the deceased has stated that prior to the occurrence this petitioner has come to her house and threatened the deceased that if the wages are not paid he would be killed.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Sub divisional Judicial Magistrate, Danapur, Patna-1 in connection with Paliganj PS case No.288/2018.