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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39047 of 2024 Arising Out of PS. Case No.-1372 Year-2023 Thana- NAWADA District- Nawada ====================================================== 1.

Mukesh Kumar @ Mukesh Yadav @ Mukesh Don S/O Late Prabhu Prasad Yadav R/O Village- Jalalpur, P.S- Nemdarganj, Distt.- Nawada. 2.

Bajrangi Sao S/O Jayshankar Sao R/O Village- Jalalpur, P.S- Nemdarganj, Distt.- Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 365, 302/34 of the IPC in connection with Nawada Town P.S. Case No.1372 of 2023.

3. The learned counsel for the petitioner submits that the petitioner no.1 has antecedent of four cases and petitioner no.2 is a person with clean antecedent.

4. It is further submitted that co-accused Ismail Mian

Patna High Court CR. MISC. No.39047 of 2024(2) dt.20-09-2024 2/3 @ Md. Nawab had approached this Court seeking regular bail by filing Cr. Misc. No.28322 of 2024 and the same was allowed by an order dated 20.09.2024.

5. It is next submitted that case of the petitioner is akin to the case of Ismail Mian @ Md. Nawab. It is also submitted that Ismail Mian @ Md. Nawab was granted privilege of regular bail after considering the case on its merit, thus seeks parity. It is also submitted that petitioner will not abscond, rather will cooperate in the trial.

6. The learned APP, Mr. Chandra Bhushan Prasad for the State opposes the bail application.

7. Considering the submissions made by the learned counsel for the petitioner and also taking into consideration the fact of the case as recorded in Cr. Misc. No.28322 of 2024, 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 the learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No.1372 of 2023.

8. However, if the learned trial court comes to a conclusion that petitioner after being released on bail is trying to delay the trial in any manner, the trial court would be at liberty

Patna High Court CR. MISC. No.39047 of 2024(2) dt.20-09-2024 3/3 to cancel the bail bonds of the petitioner.

9. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T