Mukesh Kumar Yadav @ Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32988 of 2019 Arising Out of PS. Case No.-38 Year-2016 Thana- SAKRI District- Madhubani ====================================================== Mukesh Kumar Yadav @ Mukesh Yadav Son of Ramswaroop Yadav Resident of Village - Rajaura Mahthaura, P.S.- Andharamath, Dist.- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the State :

Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 394 of the Indian Penal Code.

Allegedly, in the way, in between Darbhanga and Saharsa near Rajegaon, four boys riding on a motorcycle, chased and assaulted the informant by knife, as a result of which, the informant sustained injuries. It is further alleged that motorcycle of the informant was snatched away.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 03-12-2018. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of

Patna High Court CR. MISC. No.32988 of 2019(3) dt.15-07-2019 2/2 confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. He has not been put on test identification parade. There is no recovery of any looted article from possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Sakari P.S. Case No. 38 of 2016.

(Sudhir Singh, J) A.K.V.//- U T