Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21870 of 2017 Arising Out of PS.Case No. -147 Year- 2016 Thana -KUMARGHAND District- MADHEPURA ======================================================

1. Mukesh Kumar, son of Nand Kishor Yadav, resident of VillageIsraimkala, P.S.- Kumarkhand, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2017 The petitioner seeks regular bail in connection with Kumarkhand P.S. Case No. 147 of 2016, registered for offences punishable under Section 341,323, 379, 504 and 506, 34 Indian Penal Code.

Allegation against the petitioner is that he along with coaccused of this case snatched the motorcycle of the informant. It has been submitted on behalf of the petitioner that false and concocted case has been lodged, which will appear from the fact that the case has been lodged after fifty five days of occurrence. Further petitioner has been in judicial custody since 08.03.2017 and other similarly situated co-accused has already been granted anticipatory bail by this Court vide order dated 28.03.2017 passed in Criminal Miscellaneous No. 14430 of 2017. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that there is inordinate delay in lodging the F.I.R in the present case and also

Patna High Court Cr.Misc. No.21870 of 2017 (2) dt.10-05-2017 2/2 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) with two sureties of the like amount each to the satisfaction of learned SDJM, Madhepura, in connection with Kumarkhand P.S. Case No. 147 of 2016, subject to the 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 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