Mukesh Singh @ Kukesh Kumar Singh @ Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62184 of 2024 Arising Out of PS. Case No.-208 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Mukesh Singh @ Kukesh Kumar Singh @ Mukesh Kumar Singh, Male, aged about 44 years, Son of Late Ram Shankar Singh, Resident of Village -Balahpur, P.S.- Nayagaon, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Khodawandpur (Chhaurahi O.P.) P.S Case No. 208 of 2023 registered for the offences punishable under Sections 302/34 of the I.P.C and Section 27 of the Arms Act.

3. As per prosecution case, it is alleged that unknown person killed the informant's brother.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. No incriminating articles recovered from the conscious possession of the petitioner. It is also submitted that petitioner is not named

Patna High Court CR. MISC. No.62184 of 2024(2) dt.18-10-2024 2/3 in FIR. Learned counsel for the petitioner next submits that similarly situated co-accused persons namely Gautam Kumar and Manish Kumar @ Chhotu have already been granted bail by the this Court. Petitioner is in judicial custody since 01.07.2024.

5. Learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR and the impugned order of the learned Additional District and Sessions Judge, Manjhaul, Begusarai dated 30.07.2024, it appears that during investigation the name of the petitioner has been surfaced from the spy of the police. From perusal of the impugned order there is no any allegation against the petitioner and similarly situated coaccused persons namely Gautam Kumar and Manish Kumar @ Chhotu have already been granted bail by this Court in Cr. Misc. Nos. 12444 of 2024 and 36438 of 2024 vide orders dated 23.04.2024 and 21.05.2024, respectively. So, considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Manjhaul (Begusarai), in connection with Khodawandpur (Chhaurahi

Patna High Court CR. MISC. No.62184 of 2024(2) dt.18-10-2024 3/3 O.P) P.S Case No. 208 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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