Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50552 of 2016 Arising Out of PS.Case No. -223 Year- 2016 Thana -MASRAKH District- SARAN ====================================================== Mukesh Singh, son of Akhileshwar Singh @ Bhutely Singh, resident of village-Harshpura, Police Station-Baniyapur, District-Saran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash, Advocate For the Opposite Party : Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-11-2016 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in custody since 25.07.2016 in connection with Masrakh P.S.Case No.223 of 2016 for offence alleged under Sections 413, 414, 467 and 468 of the IPC and Section 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution case is that the police on patrolling duty intercepted three persons in which one co-accused Sonu Kumar was apprehended, who confessed the name of the petitioner and during course of raid, stolen motorcycle was recovered from his possession.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. It is further submitted that chargesheet has already

Patna High Court Cr.Misc. No.50552 of 2016 (2) dt.24-11-2016 2/2 been submitted.

However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. From perusal of materials on record, it appears that chargesheet has already been submitted and the petitioner's release from custody would not adversely affect his trial. Thus, in the interest of justice and considering the period of custody, 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 learned ACJM-VIII, Saran at Chapra in connection with Masrakh P.S.Case No.223 of 2016. It is further made clear that this direction for bail is further subject to the condition that the petitioner will not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application stands allowed.

(Nilu Agrawal, J) B.Kr./- U T