← Library
Patna High CourtCR. MISC./25673/2018bail granted

Mukesh Singh v. The State Of Bihar

2018-05-21Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27599 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -BANIAPUR District- SARAN ====================================================== Lal Bihari Rai @ Lal Bihari Kushwaha Son of Late Ram Lachan Prasad Resident of Village - Majhauli, Police Station - Baniyapur, District - Saran at Chapra.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.25673 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -BANIAPUR District- SARAN ====================================================== Mukesh Singh, S/o Akhilesh Singh @ Akhileshwar Singh, R/o VillageHarshpura, P.S.- Baniyapur, Distt- Saran. .... .... Petitioner/s

Versus

The State of Bihar.

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

(In Cr.Misc. No.27599 of 2018) For the Petitioner/s : Mr. Ram Binod Singh For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP (In Cr.Misc. No.25673 of 2018) For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-05-2018 Both these cases arise out of Baniyapur P.S. Case No. 29 of 2018 and as such they have been heard together and are being disposed of by this common order.

The petitioners seek regular bail in connection with Baniyapur P.S. Case No. 29 of 2018 for the offences punishable

Patna High Court Cr.Misc. No.27599 of 2018 (3) dt.21-05-2018 2/3 under Section 392 of the Indian Penal Code.

The allegation of the informant is that upon receiving secret information, the accused Mukesh Singh, the petitioner in the second case was arrested by the police and on his confession, the petitioner of first case, namely, Lal Bihari Rai @ Lal Bighari Kushwaha and one other co-accused person were also arrested. It is further alleged that upon confessional statement of the said accused Mukesh Singh a bag was recovered and some documents of Bandhan Bank were found in the said bag. It is further alleged that this case appears to be a case of road robbery. The learned counsel for the petitioners submits that there is no material to connect the petitioners with the alleged occurrence. Moreover, no incriminating article was recovered in order to implicate the petitioners in the present case.

It is further submitted that on account of the ongoing case, the petitioners have been implicated in other cases as well. The petitioner in the first case is said to be in custody since 24.2.2018 and the petitioner in the second case is in custody since 4.2.2018. Having regard to the facts and circumstances of the case, the petitioners of both the cases, above named, are directed to be released on bail on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.27599 of 2018 (3) dt.21-05-2018 3/3 of learned Additional Chief Judicial Magistrate, XIth, Saran at Chapra in connection with Baniyapur P.S. Case No. 29 of 2018. (Mohit Kumar Shah, J) BTiwary/- U T