Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17831 of 2015 Arising Out of PS.Case No. -22 Year- 2013 Thana -SONBERSA District- SITAMARHI ======================================================
1. Mukesh Kumar, son of Thaga Chaudhary, resident of village-Kochar, P.S. Kanhauli, District- Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-07-2015 Supplementary affidavit is filed on behalf of the petitioner.
Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 20.03.2014 passed in Cr. Misc. no.29371 of 2013. Admittedly, petitioner is languishing in jail custody since 05.02.2013.
The trial court has reported that all the witnesses including informant except official witnesses have already been examined.
Learned counsel for the petitioner points out that the name of petitioner has come in the statement of deceased when allegedly informant went at the place of occurrence but in course of trial the informant was examined as prosecution witness no. 9
Patna High Court Cr.Misc. No.17831 of 2015 (3) dt.01-07-2015 2/2 and the informant stated before the trial court that the deceased was not in a position to speak. It is further pointed out by learned counsel appearing for the petitioner that almost all the witnesses have made similar statement before the trial court. Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind the period of detention of the petitioner in jail custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Adhoc Additional Session Judge-IInd Sitamarhi, in connection with session trial no. 183 of 2014 arising out of Sonbarsa P.S.Case No. 22 of 2013.
(Hemant Kumar Srivastava, J) Namita/- U T