Mukesh Rawani @ Mukesh Kumar @ Amresh Kumar @ Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77867 of 2023 Arising Out of PS. Case No.-237 Year-2021 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Mukesh Rawani @ Mukesh Kumar @ Amresh Kumar @ Mukesh Singh Son Of Rajendra Prasad Resident Of Village - Pipra, Ps- Tankuppa, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheikh Arkan Ahmad Mr. Priya Ranjan Mr. Mukesh Kumar Mr. Nitish Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 325, 341, 307, 120B, 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, the informant alleged that on 05.09.2021, he along with one Satyendra Kumar went for morning walk but they were intercepted by three motorcycle borne criminals who fired upon them due to which the informant sustained gunshot injury on his thigh and Satyendra Kumar received several bullet injuries. It is further alleged

Patna High Court CR. MISC. No.77867 of 2023(4) dt.27-02-2024 2/3 that due to previous PACS Election accused persons committed this occurrence through contract killer.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather merely on the basis of confessional statement of coaccused, namely Jitendra Kumar, the petitioner has falsely been implicated in this present case. Neither specific allegation has been levelled against the petitioner nor he has been put on TIP. It is further submitted that co-accused persons upon whose confession name of the petitioner has been dragged in this case has already been granted bail by a coordinate Bench of this Court vide order dated 17.05.2023 passed in Cr. Misc. No. 22245 of 2023. The petitioner has got is languishing in judicial custody since 06.11.2021.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in

Patna High Court CR. MISC. No.77867 of 2023(4) dt.27-02-2024 3/3 connection with Magadh Medical College P.S. Case No. 237 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II, Gaya.

(Sunil Kumar Panwar, J) Manishkr/- U T