Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45888 of 2021 Arising Out of PS. Case No.-294 Year-2019 Thana- JANDAHA 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.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-01-2022 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Jandaha P.S. Case no. 294 of 2019 registered for the offence punishable under sections 393, 302 of the Indian Penal Code read with section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is in custody since 6.6.2020 and charge sheet has been submitted and allegation of attempting to snatch Rs 93000/- which brother of the informant was carrying and on protest was

Patna High Court CR. MISC. No.45888 of 2021(2) dt.12-01-2022 2/2 shot dead, on coming to know the informant reached the place of occurrence and found his brother dead. Learned counsel for the petitioner submits that FIR was against unknown and name of this petitioner transpired in confessional statement of Manish Sahni who disclosed that this petitioner also participated in the occurrence and Rahul shot the deceased out of fear of being recognized. Learned counsel submits that co-accused Rahul Kumar has been granted bail by order dated 28.10.2021 in Cr. Misc. no. 3220/2021.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody , charge sheet has been submitted and co-accused has been granted bail and his name surfaced based on confessional statement, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Vaishali at Hajipur in Jandaha P.S. Case no. 294 of 2019.

(Satyavrat Verma, J) s.hassan/- U T