Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59398 of 2022 Arising Out of PS. Case No.-108 Year-2022 Thana- PIPRAHI District- Sheohar ====================================================== MUKESH KUMAR SON OF RAM PRAVESH MAHTO R/O VILLAGEHARPUR, P.S.- PIPRAHI, DISTT.- SHEOHAR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the informant :

Mr. Ritesh Kumar Narain Singh, Advocate Mr. Dharmesh Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 363 and later on added section 302 of the Indian Penal Code.

As per the prosecution case, the informant has alleged that her son Naveen Kumar Chaudhary left for Sitamarhi stating that he would return by evening but he could not be traced out. She suspected his abduction on the ground that a land was sold

Patna High Court CR. MISC. No.59398 of 2022(4) dt.15-03-2023 2/3 by him for Rs. 25 lakhs.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the coaccused Jagarnath Rai. Learned counsel has submitted that as per the call record of the petitioner, there was no talk with the deceased and the co-accused persons on the date of alleged occurrence i.e. on 18.04.2022 and the last call was made by the petitioner to the deceased on 07.04.2022. Similarly situated coaccused has already been granted bail by the co-ordinate bench vide order dated 16.12.2022 passed in Cr. Misc. No. 54201 of 2022. The petitioner is also accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 07.05.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.59398 of 2022(4) dt.15-03-2023 3/3 concerned, Sheohar in connection with Piprahi P.S. Case No. 108 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T