Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45898 of 2021 Arising Out of PS. Case No.-583 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Mukesh Kumar S/O Jagarnath Singh @ Jagmath Singh @ Jagannath Singh R/O Village- Chakkaji Nizam, P.S.- Mahua, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State through video conferencing. The petitioner seeks bail in connection with Mahua P. S. Case No.583 of 2019, instituted for the offences under Section 302/ 34 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 14.02.2020 and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that the informant alleges that while his son, who was working with Vikran Engineering Project, Hajipur had gone to Mahua for some work and was returning to Hajipur when he was shot by three unknown criminals.

The learned counsel for the petitioner submits that the F.I.R. was against unknown. The name of this petitioner

Patna High Court CR. MISC. No.45898 of 2021(2) dt.12-01-2022 2/2 surfaced in confessional statement of Manish Kumar Sahni, who was arrested in Mahua P. S. Case No.709 of 2019 and it is further submitted that similarly situated co-accused has been granted bail by order dated 07.04.2021 in Cr. Misc. No.38588 of 2020 (Gudu Kumar @ Guddu Kumar vs. the State of Bihar). The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 14.02.2020 and charge-sheet has been submitted in the case and similarly situated co-accused has been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Mahua P. S. Case No.583 of 2019, subject to condition that one of the bailers shall be the father of the petitioner.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T