Patna High CourtCR. MISC./44429/2017bail granted

Mukesh Kumar v. State Of Bihar And ANR

2017-09-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44429 of 2017 Arising Out of PS.Case No. -303 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Mukesh Kumar, S/o Shri Rajeshwar Prasad, Resident of VillageRamchanderpur, P.s.-Laheri, District-Nalanda. .... .... Petitioner

Versus

1. The State of Bihar.

2. Harjit Singh, Apar Maha Prabandhak (Manao Sansadhan) Navinagar, Vibyut Utpadan Company Ltd. (N.P.G.C.L.) Navinagar. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Uma Shankar Singh, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

19-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Hajipur Sadar P.S. Case No. 303 of 2017 registered for the offence punishable under Sections 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code and 3, 4, 5, 6 of Bihar Conduct of Examination Act, 1981.

Learned counsel for the petitioner submits that in the First Information Report itself, it is stated that this petitioner is the driver of the Inova Car bearing Registration No. BR21G-5555. Learned counsel submits that there was no active participation of this petitioner in the alleged

Patna High Court Cr.Misc. No.44429 of 2017 (2) dt.19-09-2017 offence and his implication on the basis of the confessional statement of the co-accused is not based on any cogent material. The petitioner has no criminal history and he is in custody since 03.07.2017.

Learned Additional Public Prosecutor for the State opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case particularly that the petitioner is said to be the driver having no connection with the said Inova Car as owner and that he has no criminal history, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali (Hajipur), in connection with Hajipur Sadar P.S. Case No. 303/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T