Mukesh Singh @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 75837 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- OBRA District- Aurangabad ====================================================== MUKESH SINGH @ MUKESH KUMAR Son of Late Baldeo Singh Resident of Village-Deokali,P.S. Obra,Distt.-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 25 (1)AA/25 (1-B)a/26/35 of Arms Act. It is submitted that as an offshoot to Obra Police Station Case No 115 of 2018, wherein one Jitendra Singh is the main accused person, petitioner has been implicated in this case alleging that on the basis of his confessional statement, one pistol and one A K 47 rifle have been recovered from the house of one Shiv Kumar Yadav. Petitioner's counsel submits that other than the confessional statement, there is no incriminating material to implicate the petitioner in this case and recovery has also been made from co-accused Shiv Kumar Yadav with whom

Patna High Court Cr.Misc. No.75837 of 2018(2) dt.17-12-2018 2/2 petitioner has no concern. Petitioner, having no criminal antecedent, is in custody since 03.07.2018.

Considering the aforesaid submissions and the facts and circumstances of the case, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Daudnagar, District - Aurangabad in Obra Police Station case No 147 of 2018 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T