Mahesh Kumar @ Mahesh Kumar Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.50764 of 2015 (3) dt.04-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50764 of 2015 Arising Out of PS.Case No. -96 Year- 2015 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mahesh Kumar @ Mahesh Kumar Prasad ,Son of Lalbabu Sah, resident of village- Belwa Ram P.S.- Turkauliya District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Pakarideyal P.S. Case No. 96 of 2015 registered under Sections 302/120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner is not named in the F.I.R. and Bachchu Rai had threatened the deceased for dire consequences but later on, petitioner was apprehended by the police and got his confessional statement showing the involvement of the petitioner in the present case, except that there is nothing

Patna High Court Cr.Misc. No.50764 of 2015 (3) dt.04-02-2016 against the petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 27.07.2015. Learned counsel for the petitioner further submits that co-accused, Shayam Kumar @ Nanhe, has already been granted privilege of bail by a Bench of this Court vide order dated 10.11.2015 passed in Criminal Misc. No. 50197 of 2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub-Judge-V, Motihari, East Champaran, in connection with Pakarideyal P.S. Case No. 96 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T