Mukesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50729 of 2021 Arising Out of PS. Case No.-210 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== MUKESH KUMAR YADAV S/o Lalan Rai Resident of Village - Rajwara, Halimpur, P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Paroo P.S. Case No. 210 of 2019 instituted for the offence under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 08.04.2021 and charge-sheet has been submitted.

The informant alleges that his driver was coming with Pick-up Van on 25.05.2019 when six accused on a Bolero intercepted him and forcefully looted the Pick-up Van and made his driver seat in the Bolero but after some distance the Bolero met with an accident and fell down from a bridge, the accused

Patna High Court CR. MISC. No.50729 of 2021(2) dt.02-02-2022 2/3 fled away leaving the Bolero but the driver remained inside the Bolero and was taken out by the police.

Learned counsel for the petitioner submits that FIR is against unknown and name of the petitioner transpired in the confessional statement of co-accused Vishendra Kumar and Shiv Chandra Ray. Further no incriminating article has been recovered from the possession of the petitioner nor he has been put on T.I. Parade nor the petitioner has any concern with the Bolero Jeep.

Learned A.P.P. opposes the prayer for regular bail and submits that petitioner has antecedent of two cases as mentioned in para 3 of the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted and name of the petitioner transpired in the confessional statement of co-accused, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Paroo P.S. Case No. 210 of 2019, subject to the conditions that one of the bailors shall be father of the petitioner, namely, Lalan Rai and further that the petitioner in between 25th to 30th of

Patna High Court CR. MISC. No.50729 of 2021(2) dt.02-02-2022 3/3 every month commencing from February, 2022 will keep marking his attendance in the concerned police station till framing of the charges and, in the event, if it is reported by the concerned police station to the learned court below that the petitioner in between the aforesaid dates in any of the month before framing of the charges has not marked his attendance, the learned court below will forthwith cancel the bail bonds of the petitioner.

(Satyavrat Verma, J) Kundan/- U T