Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33215 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- BUXAR District- Buxar ====================================================== Mukesh Kumar, Son of Baban Singh, Resident of Village - Baraka Nuaon, P.S.- Buxar (M), District- Buxar ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-05-2019 Petitioner seeks regular bail in connection with Buxar (T) P.S. Case No.64 of 2019 registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.

As per F.I.R. there is an allegation against 11 persons including petitioner named in the F.I.R. that they surrounded son of informant, namely, Amarjit Yadav and started firing indiscriminately on which, the son of informant fell down and later died due to succumbed injuries.

Submission of the learned counsel for the petitioner is that the name of the petitioner transpires in the confessional statement of the co-accused Rakesh Kumar Yadav but no role has been assigned to the petitioner and he is in custody for more than two and half months.

Patna High Court CR. MISC. No.33215 of 2019(2) dt.20-05-2019 2/2 Further submission of the learned counsel for the petitioner is that another co-accused Ashok Yadav, whose name also transpires on the basis of confessional statement of coaccused has been granted privilege of bail by a Co-ordinate Bench of this Court vide order dated 11.04.2019 in Criminal Misc. No.23307 of 2019.

Heard learned A.P.P. as well as the learned counsel appearing on behalf of the informant, who has opposed the prayer for bail.

Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Buxar (T) P.S. Case No.64 of 2019, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) sunil/- U T