Mukesh Patel @ Vishal @ Rahul Jee @ Rahul And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54964 of 2018 Arising Out of PS. Case No.-50 Year-2016 Thana- MAKER District- Saran ======================================================
1. Mukesh Patel @ Vishal @ Rahul Jee @ Rahul, S/o Surendra Patel, R/o Vill.- Subhaigarh, P.S.- Runnisaidpur, DistrictSitamarhi.
2. Amin Sahni S/o Baidhnath Sahni, R/o Vill.- Baidichak Dehi, P.S.- Maker, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Prasad Singh For the Opposite Party/s :
Mr. Smt. Gulnar Begam,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned counsel appearing for the State.
The petitioners are in custody in connection with Maker PS Case No. 50 of 2016 for the offence under Sections 386, 387, 399, 402 and 120(B) of the Indian Penal Code and 125(1-b) aa, 26,35 of the Arms Act and 4 and 5 of the Explosive Substance Act and Sections 16(1-b), 17, 18, 18(a), 19, 20, 38 and 40 of the U A P Act.
Learned counsel for the petitioners submits that name of the petitioners have surfaced on confessional statement of the co-accused. Nothing was recovered from the possession of the petitioners. Petitioner no. 1 is in custody since 08.12.2017
Patna High Court Cr.Misc. No.54964 of 2018(2) dt.28-09-2018 2/2 whereas petitioner no.2 was arrested on 28.04.2018. Learned counsel for the petitioners further submits that notwithstanding the fact that the names of the petitioners were transpired on the basis of confessional statement no cogent material has been found against the petitioners. Considering the fact that the petitioners have no criminal antecedent and they are in custody since 08.12.2017 and 28.04.2018 respectively, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten thousand) each with two sureties of the like amount each after 21.10.2018 to the satisfaction of the Additional Sessions Judge -X, Chapra at Saran in connection with Maker PS Case No. 50 of 2016.
(Anil Kumar Upadhyay, J) mrl./- U