Mukesh Patel @ Vishal @ Vishal Ji @ Rahuljee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78988 of 2018 Arising Out of PS. Case No.-85 Year-2015 Thana- PANAPUR District- Saran ====================================================== Mukesh Patel @ Vishal @ Vishal Ji @ Rahuljee, son of Surendra Patel, resident of village- Subhaigardh, Police Station- Runnisaidpur, DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Sri Sanjay Kumar Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Panapur P.S. Case No. 85 of 2015 registered for the offences punishable under Sections 452, 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Informant has alleged that while she was going to cook food Braj Mohan Singh, who used to come to meet her husband was sitting outside meanwhile three unidentified criminals came and seeing them Braj Mohan Singh entered into house and the three unknown persons also entered and fired from their gun and he was killed on the spot and they went away raising Maowadi Zindabad slogans.

Patna High Court Cr.Misc. No.78988 of 2018(2) dt.29-01-2019 2/2 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case on the basis of confessional statemnt made by co-accused Ramesh Paswan. Petitioner has been remanded in this case and is in custody since 24.08.2018 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-IV, Saran, in connection with Panapur P.S. Case No. 85 of 2015, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T