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Patna High CourtCR. MISC./49637/2024allowed

Mukesh Kumar @ Mukesh Mahto v. The State Of Bihar

2024-08-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49637 of 2024 Arising Out of PS. Case No.-117 Year-2023 Thana- MOKAMAH District- Patna ====================================================== Mukesh Kumar @ Mukesh Mahto Son of Jalo Mahto @ Jalendhar Mahto @ Jalendhar Singh R/O Vill.- Barahpur, Bind Toli, P.S.- Mokama, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner is said to have committed murder of the informant's father due to land dispute.

4. Learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not named in the F.I.R. He further submits that the petitioner has been made

Patna High Court CR. MISC. No.49637 of 2024(2) dt.07-08-2024 2/2 accused merely on the basis of suspicion. There is no eye witness in the present case. Similarly situated co-accused has been granted bail by this Court vide order dated 29.01.2024 passed in Cr. Misc. No. 71992 of 2023. The petitioner has no criminal antecedent and has been languishing in custody since 29.09.2023.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid and the custody of the petitioner, the above named petitioner is directed to be enlarged 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 the learned Court below where the case is pending/successor Court in connection with Mokama P.S. Case No. 117 of 2023.

(Anjani Kumar Sharan, J) anand/- U T