Patna High CourtCR. MISC./20850/2016bail granted

Mukesh Kumar @ Mukesh Chauhan v. The State Of Bihar

2016-05-20Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.20850 of 2016 (2) dt.20-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20850 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Mukesh Kumar @ Mukesh Chauhan son of Raja Ram Chauhan, resident of village- Mahmada, P.S.- Barbigha, district- Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ishtiyaque Ahmad For the Opposite Party/s Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 20.05.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 399, 402, 414 of the Indian Penal Code as well as various sections of the Arms Act.

Petitioner and several other accused were caught and vehicles and fire arms were recovered.

The informant claims that the petitioner and his associates had assembled to make preparation for committing crime. Submission on behalf of the petitioner is that sections 399, 402 of the Indian Penal Code is not applicable in the present case and so far as section 414 of the Indian Penal Code is concerned, seized vehicle has been recovered from joint possession of the petitioner and others according to prosecution case itself. It is further submitted that so far as offence under the Arms Act is concerned, petitioner has

Patna High Court Cr.Misc. No.20850 of 2016 (2) dt.20-05-2016 sufficiently been punished by remaining in jail custody since 13.1.2016 and therefore, even if the prosecution case assumed to be true, then also, petitioner deserves to be released on bail. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate IV, Nalanda at Biharsharif in Rajgir P.S. Case no. 09/2016. shahid (Hemant Kumar Srivastava,J) U T