Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72522 of 2021 Arising Out of PS. Case No.-255 Year-2019 Thana- BELA District- Sitamarhi ====================================================== MUKESH KUMAR SON OF RAMNANDAN RAY RESIDENT OF VILLAGE- BHAWANIPUR, P.S.- PARIHAR, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act, registered in connection with Bela P.S.Case No. 255 of 2019.

As per FIR, the police got an information that some unknown persons, 5-7 in numbers, appeared to be the persons of criminal nature, were present near Laxmipur Naraga Road. The police, after raid, apprehended co-accused Rampravesh Choudhary, Nitish Kumar, Anil Kumar Sah and Sonu Paswan. A country-made pistol and two live cartridges were recovered from the possession of co-accused Rampravesh Choudhary.

Patna High Court CR. MISC. No.72522 of 2021(2) dt.31-05-2022 2/2 The learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. His name figured in the confessional statement of co-accused Nitish Kumar. He has submitted further that co-accused Rampravesh Choudhary, who was apprehended with arms, has been granted bail by a coordinate Bench of this Court in Cr.Misc. No. 26207 of 2020 and the case of the petitioner stands on better footing. He is in custody custody since 13.09.2021.

Considering the above facts and circumstances, let the petitioner above-named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bela P.S.Case No. 255 of 2019.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T