Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39334 of 2019 Arising Out of PS. Case No.-597 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== MUKESH KUMAR Son of Avdhesh Prasad Resident of Village- Mahmadpur, P.S. and District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the unknown accused persons killed the husband of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.10.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confession of coaccused. Except for suspicion, there is no other substantive

Patna High Court CR. MISC. No.39334 of 2019(2) dt.02-07-2019 2/2 evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence. Other co-accused has been granted bail vide order dated 11.6.2019 passed in Cr. Misc. No. 22223 of 2019.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 597/18.

(Sudhir Singh, J) Pankaj/- U T