Mukesh Yadav @ Tuntun Yadav @ Rajbir Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.6080 of 2017 (2) dt.06-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6080 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -NAUGACHIA District- BHAGALPUR ====================================================== Mukesh Yadav @ Tuntun Yadav @ Rajbir Kumar, S/o Veda Nand Yadav, R/o Village-Latra, P.S.-Gopalpur, District-Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar -3, Advocate. For the Opposite Party/s : Mr. Sri Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with S. Tr. No. 05 of 2017, arising out of Naugachia P.S. Case No. 149 of 2016, registered under Sections 147, 148, 149, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. rather his name has come in the confessional statement of co-accused, Nand Kishore Mandal and Sachin, who are named in the F.I.R. Further submission is that it would appear from the F.I.R. that informant has disclosed the name of 12 culprits saying that she could identify three others on seeing them again but the petitioner has not been put on T.I.P for

Patna High Court Cr.Misc. No.6080 of 2017 (2) dt.06-03-2017 identification while he is in custody since 12.11.2016. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge, Naugachia, Bhagalpur, in connection with S. Tr. No. 05 of 2017, arising out of Naugachia P.S. Case No. 149 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T