Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3652 of 2023 Arising Out of PS. Case No.-1 Year-2022 Thana- GAMAHARIYA District- Madhepura ====================================================== MUKESH KUMAR Son of Gajendra Yadav R/V- Korihar, Ward no. 7, P.SGamahariya, Distt- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Ranjan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, 8-10 bike borne armed miscreants came to the house of the informant and caught hold of the husband of the informant and shot him dead taking him outside his house.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown person. The name of the petitioner has come into light,

Patna High Court CR. MISC. No.3652 of 2023(3) dt.15-05-2023 2/2 on the basis of confessional statement of co-accused Raushan Kumar @ Hitlar, which has got no evidentiary value in the eyes of law. There is no consistent evidence and no eye-witness to show petitioner has involved in the said occurrence. He further submitted that the other co-accused has alreay been granted bail by a Co-ordinate Bench vide order dated 10.04.2023 passed in Cr. Misc. No. 65233 of 2022. He is languishing in judicial custody since 14.07.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Madhepura in connection with Gamahariya P.S. Case No. 1 of 2022. (Sunil Kumar Panwar, J) arish/- U T