Mukesh Rai @ Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21124 of 2015 Arising Out of PS.Case No. -294 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Mukesh Rai @ Abhishek Kumar Son of Sri Ram Kaleshwar Rai, Resident of Village - Paraiya, P.S. - Kudhani, District - Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner seeks bail in a case registered under sections 395, 328 of the Indian Penal Code.
Prosecution story is that one Pramod Rai gave a written report to the S.H.O. Sugauli P.S. on 15.08.2014 alleging therein that on 13.08.2014 at about 11 A.M. the Assistant Driver was checking tire of the truck in the meantime four persons entered in the cabin to came out from the bolero and assaulted to the informant. The accused persons have taken away six thousand rupees and a Nokia Mobile. The informant was taken away in the Bolero and the informant was get down at some distance after injecting. The truck loaded with potato was taken away by the
Patna High Court Cr.Misc. No.21124 of 2015 (2) dt.13-07-2015 2/2 accused persons towards Raksaul.
It has been submitted on behalf of the petitioner that petitioner is in custody since 21.01.2015 and charge sheet has been submitted in this case. It is further submitted that petitioner has not been named in the first information report and his name has been given by the co-accused. It is further submitted that there is no recovery from the possession of the petitioner. Other coaccused persons have been granted bail vide annexure-2. On behalf of the State it is submitted that petitioner is name in the first information report. Considering the aforesaid facts, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate Motihari in Sugauli P.S. Case No. 294 of 2014.
(Sudhir Singh, J) M.Rahman/- U T