Mukesh Kumar Singh @ Utkarsh Deo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50140 of 2018 Arising Out of PS.Case No. -56 Year- 2011 Thana -CHANDI District- BHOJPUR ======================================================

1. Mukesh Kumar Singh @ Utkarsh Deo Son of Lakshman Singh Resident of Chipura, Police Station - Azimabad, District - Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ramashray Roy For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Chandi P.S.Case no.56 of 2011 , registered for offences punishable under Sections 399 of 402 of the Indian Penal Code and Sections 25(a-b)a, 26, 35 of the Arms Act. Petitioner is named in the FIR and the case is under Section 399 and 402 of the IPC and also under Sections 25(a-b)a, 26, 35 of the Arms Act.

Submission of the learned counsel for the petitioner is that except that name of the petitioner has been disclosed by another co-accused before the police, there is absolutely nothing against the petitioner and he is a student of engineering and there is no recovery from the house of the petitioner. He has also no criminal

Patna High Court Cr.Misc. No.50140 of 2018 (3) dt.12-09-2018 2/2 antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM VII, Bhojpur at Ara in connection with Chandi P.s.Case no.56 of 2011 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T