Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30843 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- CHARPOKHARI District- Bhojpur ====================================================== MUKESH KUMAR, Son of Dinesh Singh, Resident of Village - Trar, P.S.- Daudnagar, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-01-2021 Heard the parties.

The petitioner is languishing in custody for the offence punishable under Section 392 of the Indian Penal Code. According to F.I.R., co-accused Sahjad Hussain and an unknown person hired the vehicle of the informant. The informant took ID proof of Sahjad Hussain and photograph on his mobile of both the persons who had hired the vehicle. Later On the vehicle was snatched from the informant on the point of pistol. The said vehicle was seized by the police when it was being used after changing its fake registration number. Learned counsel for the petitioner submits that Sahjad Hussain who was driving the said vehicle at the time of seizure fled away and three passengers including the petitioner were arrested. Thereafter, confessional statement of the petitioner was recorded wherein the petitioner admitted his involvement.

Patna High Court CR. MISC. No.30843 of 2020(3) dt.29-01-2021 2/2 Contention is that the petitioner is in custody since 23.05.2020 after remand from some other case. However, he was not put on T.I. parade nor there is any evidence that photograph taken by the informant resembles with the photograph of this petitioner. Investigation of the case is already complete. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Charpokhari P.S. Case No. 18 of 2020, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T