Mukesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54055 of 2022 Arising Out of PS. Case No.-39 Year-2011 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Mukesh Ram Son Of Late Umesh Ram R/V- Kalwari, P.S- Kanti, DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 307 of the Indian Penal Code, Section 3⁄4 of Explosive Substance Act and Section 17 C.L.A. Act.

The prosecution case as per FIR is that when the informant along with other police personnel were on gasthi, a land mine exploded under his jeep, due to this the jeep blown upside and all the police personnel fell. Informant and other police officials sustained injuries in

Patna High Court CR. MISC. No.54055 of 2022(2) dt.16-01-2023 2/3 this incident.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 18.04.2022. It is further submitted that the petitioner is neither named in FIR nor any incriminating article has been recovered from his possession. The name of petitioner sprang up in this case on the confessional statement of co-accused Dinbandhu Paswan. Petitioner has not been put on TIP and he has also not been arrested on spot. It is further submitted that several similarly situated co-accused persons have been granted bail by the co-ordinate Benches of this Court, which is annexed as Annexure 2 of this application. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.54055 of 2022(2) dt.16-01-2023 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Siwaipatti P.S. Case No. 39 of 2011on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzzafarpur.

(Sunil Kumar Panwar, J) nirajkrs/- U T