Mahanand Kumar @ Mahanand Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66512 of 2018 Arising Out of PS. Case No.-376 Year-2017 Thana- PUNPUN District- Patna ====================================================== Mahanand Kumar @ Mahanand Thakur, Son of Yogendra Yadav, Resident of Village- Parahuran Chak, P.S.- Antichak, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Fakhruddin Ali Ahmad For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-12-2018 The petitioner seeks regular bail in connection with (Sessions Trial No. 497/18, G.R. No. 1279/17), Punpun P.S. Case No. 376 of 2017, registered for offences punishable under Sections 394, 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation as per F.I.R. is that son of the informant intercepted by the miscreants and they have fired upon the son of the informant and causing his death.

Submission of learned counsel for the petitioner is that except confessional statement there is absolutely nothing against the petitioner, no recovery, no other substance to connect him in this case. Further submission is that the other co-accused persons having similar allegation have already been released on bail by different Coordinate Benches of this Court vide order

Patna High Court Cr.Misc. No.66512 of 2018(4) dt.05-12-2018 2/2 dated 27.06.2018 passed in Cr. Misc. No. 35795 of 2018 and vide order dated 05.07.2018 passed in Cr. Misc. No. 24822 of 2018 and the petitioner is in judicial custody since 15.05.2018. Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for bail of the petitioner on the ground that the petitioner has himself has confessed his guilt and that has been corroborated by confessional statement also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI, Patna, in connection with (Sessions Trial No. 497/18, G.R. No. 1279/17), Punpun P.S. Case No. 376 of 2017, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) chn/Amjad/- U T