Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47703 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ======================================================

1. Mukesh Kumar Singh S/o Jogendar Prasad Singh, R/o Vill.- Hasanpur South, P.S.- Mahnar, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-08-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 7.6.2018, seeks bail in Hajipur Industrial Area PS Case No. 85 of 2018 registered under Sections 302, 120B of the IPC and Section 27 of the Arms Act. The allegation in brief is that four persons on two motorcycles came to the Marvel shop of the informant and shot at his brother, the image of the accused was captured in the CCTv installed in the shop.

Learned Counsel for the petitioner submits that the FIR is against unknown, the petitioner is not involved in the said offence, his image was not captured in the CCTv footage, only he has been made accused on the basis of having talked with the key accused Annu Singh and said to be one of the conspirator in the confessional statement of two accused persons, however the informant himself has filed a representation before the Zonal DIG stating that this petitioner and a few had no hand in the killing of his brother and the investigation is misdirected, besides this the petitioner was never put on TIP though in the FIR some of the witnesses of nearby place of occurrence claims to have identified the miscreants.

Patna High Court Cr.Misc. No.47703 of 2018 (3) dt.06-08-2018 Having considered the said facts and circumstances, the petitioner, namely, Mukesh Kumar Singh is directed to 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 CJM Vaishali at Hajipur in connection with Hajipur Industrial Area PS Case No. 85 of 2018 with the following conditions:- (i) one of the bailors shall be a close family member of the petitioner;

(ii) The petitioner shall appear before the trial court on each date and in case of failure to appear on two consecutive dates except because of reasonable cause his bail bonds shall be liable to be cancelled.

(Arun Kumar, J) Snkumar/- U T