Mukesh Kumar @ Mirdul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 25366 of 2016 Arising out of P.S. Case No. -19 Year- 2015 Thana -TARAPUR District- MUNGER =================================================== Mukesh Kumar @ Mirdul Kumar, Son of Ashok Singh, Resident of Village Mahpur P.S. Tarapur District Munger. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh, Adv. For the Opposite Party/s: Sri Rajballabh Singh, Adv. =================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04.

11.08.2016 Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is languishing in custody since 28.04.2015 in connection with Tarapur P.S. Case No. 19 of 2015 pending in the Court of Chief Judicial Magistrate, Munger for the offences registered under Section 392 of the Indian Penal Code.

The prosecution case, in brief, as alleged in the FIR is that the Informant along with his friend had gone to appear in examination at Bhagalpur on motorcycle and on returning when they reached near brick-kilns at Mahapur suddenly four persons came and snatched his mobile and Rs. 2,000/- in cash as also looted away his motorcycle.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.25366 of 2016 (4) dt.11-08-2016 that the petitioner is in custody since 28.04.2015. Charge-sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the FIR nor he has been put on Test Identification Parade to ascertain his involvement in the present case.

On behalf of the State, it has been submitted that the petitioner has been made accused on the basis of confession made by him before the Police.

Considering the aforesaid facts and circumstances of the case, let the Petitioner, above named 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 Chief Judicial Magistrate, Munger in connection with Tarapur P.S. Case No. 19 of 2015.

Vikash/- (Sudhir Singh, J.) U T