Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54624 of 2021 Arising Out of PS. Case No.-290 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== MUKESH KUMAR SON OF JAGARNATH SINGH RESIDENT OF VILLAGE- HIDYATPUR (CHAKHAJI NIZAM), P.S.- MAHUA, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr. Aaditya Narain Singh-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. The petitioner seeks bail in connection with Rajapakar (Baranti O.P.) P.S. Case No. 290 of 2019, instituted for the offences under Section 392 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 20.02.2020, charge-sheet has been submitted and has antecedent of eight cases and allegation is of looting Rs. 1,48,499/- from Uttar Bihar Gramin Bank by four unknown criminals along with two mobile and a monitor on point of gun.

The learned counsel for the petitioner submits that FIR was against unknown and the name of this petitioner

Patna High Court CR. MISC. No.54624 of 2021(2) dt.16-02-2022 2/3 transpired in the confessional statement of co-accused, Manish Kumar Sahni. It is further submitted that nothing was recovered from the possession of the petitioner which could even remotely suggest that he was not involved in the bank loot nor he was put on TI parade. The learned counsel for the petitioner submits that based on his antecedent, the petitioner has been implicated through Manish Kumar Sahni. The learned counsel further submits by placing reliance of para 9 of the bail application and submits that petitioner was arrested in Mahua P.S. Case No. 709 of 2019 for the first time and thereafter he came to be implicated in all the seven cases which was registered against unknown. The learned A.P.P. vehemently opposes the bail application.

Considering the fact that the petitioner is in custody since 20.02.2020, charge-sheet has been submitted and his name transpired in the confessional statement of co-accused and nothing was recovered from his possession nor was put on TI Parade, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 3rd, Vaishali at Hajipur, in connection with Rajapakar (Baranti O.P.) P.S.

Patna High Court CR. MISC. No.54624 of 2021(2) dt.16-02-2022 3/3 Case No. 290 of 2019, with a condition that one of the bailor shall be the father of the petitioner (Jagarnath Singh). The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T