Patna High CourtCR. MISC./10958/2016bail granted

Mukesh Kumar v. The State Of Bihar

2016-03-09Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.10958 of 2016 (2) dt.09-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10958 of 2016 Arising Out of PS.Case No. -222 Year- 2014 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Mukesh Kumar Son of Pandook Singh resident of Village Kamta P.S. & District Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.Yogesh Chandra Verma Mr. Ram Vinay Prasasd Singh @ Sanjay For the Opposite Party/s Mr. Shyam Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.03.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 302 and other allied sections of the Indian Penal Code as well as section 27 of the Arms Act.

Petitioner is named in the first information report on the accusation that he along with several other FIR named accused took the deceased from his house towards orchard where he was brutally assaulted and killed by the petitioner and his associates. The alleged occurrence is said to have taken place in the evening of 22.6.2014 but fardbeyan was recorded on 23.6.2014 at 11 a.m. Moreover, no specific overt-act has been attributed against the petitioner.

The contention on behalf of the petitioner is that deceased

Patna High Court Cr.Misc. No.10958 of 2016 (2) dt.09-03-2016 was a veteran criminal and his criminal antecedent has been disclosed at para 9 of the petition and the deceased might have been killed by some other person but the informant lodged this case against the petitioner due to enmity and village politics. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura in Sheikhpura P.S. Case no. 222/2014. shahid (Hemant Kumar Srivastava,J) U T