Mukesh Kumar Singh @ Mukesh Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28964 of 2018 Arising Out of P.S.Case No. -290 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Mukesh Kumar Singh @ Mukesh Singh S/o Ram Narayan Singh @ Satya Narayan Singh, R/o Vill.- Hathsar, P.S.- Purnahiya, District- Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Chief Manager, State Bank Agriculture Devlopment Branch, Muzaffarpur.

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Humayu Ahmad Khan, APP For the SBI (OP No.2) : Mr. Satya Prakash Tripathy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner, learned counsel for the OP no.2 as well as learned APP for the State. The petitioner is in custody in connection with Sadar (Muzaffarpur) P.S.Case No.290 of 2016 registered for an offence under Sections 395, 412 and 120B of the IPC.

It has been submitted that in course of investigation one Punnu Kumar @ Punnu Kumar Singh @ Keshaw was apprehended who disclosed the name of this petitioner and other co-accused. The said Punnu Kumar @ Punnu Kumar Singh @ Keshaw has been allowed bail by one of the coordinate Bench of this Court in Cr.Msic.No.1952 of 2017 and except disclosure the name by the co-accused, there is nothing against the petitioner. The police have not recovered any incriminating material from the

Patna High Court Cr.Misc. No.28964 of 2018 (3) dt.29-06-2018 2/2 possession of the petitioner. The petitioner has clean antecedent except one case in which he is on bail. The petitioner is in custody since 14.09.2017 and till date he has not been put on test identification parade.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances of the case, prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 13th Additional Sessions Judge, Muzaffarpur in connection with Sessions Trial No.728 of 2017 arising out of Sadar (Muzaffarpur) P.S.Case No.290 of 2016 with following condition:- (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 themselves 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.

(Sanjay Kumar, J) B.Kr./- U T