Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17194 of 2017 Arising Out of PS.Case No. -251 Year- 2016 Thana -MUNGER MUFFASIL District- MUNGER ======================================================
1. Mukesh Yadav Son of Sri Mithilesh Yadav Resident of Village - Karari Tola, Taufir, Police Station - Munger Muffasil, District - Munger. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar No. II For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 The petitioner seeks regular bail in connection with Munger Mufasil P.S. Case No. 251 of 2016, registered for offences punishable under Sections 147, 148, 149, 353, 186 and 307 of the Indian Penal Code and Section 25(1-B), a/26(iii)/27/35 of the Arms Act.
Allegation against the petitioner and other co-accused persons is that police on information reached near the place of occurrence and the petitioner and other accused persons seeing the police started indiscriminate firing.
It has been submitted on behalf of the petitioner that petitioner has not been named in the F.I.R, his name transpired on the confessional statement of co-accused of this case, who was apprehended on the spot. petitioner has been in custody since
Patna High Court Cr.Misc. No.17194 of 2017 (2) dt.13-04-2017 2/3 29.01.2017 and other co-accused on whose confessional statement petitioner's name has transpired in this case, has already been granted bail by this Court vide order 17.03.2017 passed in Criminal Miscellaneous No. 8765 of 2017.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, nature of allegation, period of custody and also that other co-accused has already been granted bail by this court, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Munger, in connection with Munger Muffasil P.S. Case No. 251 of 2016, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and
Patna High Court Cr.Misc. No.17194 of 2017 (2) dt.13-04-2017 3/3 when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/- U T