Mukesh Rai @ Mukesh Kumar @ Mukesh Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49728 of 2023 Arising Out of PS. Case No.-213 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== MUKESH RAI @ MUKESH KUMAR @ MUKESH KUMAR RAI S/O KAILASH RAY R/O Village- Hematpur, P.S- Raghopur, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 120B/34 of the Indian Penal Code.
3. The allegation against the petitioner along with others is of killing the husband of the informant and thrown his dead body near Toka River.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR. There is no eye-witness of the occurrence and during the course of investigation, there is no material evidence was collected against the petitioner to show his
Patna High Court CR. MISC. No.49728 of 2023(4) dt.11-10-2023 2/2 complicity in the alleged occurrence. He further submitted that the other co-accused has already been granted bail by a Coordinate Bench vide order dated 17.08.2022 passed in Cr. Misc. No. 14547 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.01.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 213 of 2021. (Sunil Kumar Panwar, J) Arish/- U T