Mukul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74961 of 2019 Arising Out of PS. Case No.-425 Year-2017 Thana- GAYA KOTWALI District- Gaya ====================================================== MUKUL KUMAR Son of Kishori Vishwakarma, @ Kishor Mishtri Under the Guardianship of his father namely Kishori Vishwakarma @ Kishor Mishtri, Resident of Village- Bhaikh, P.S.- Makhdumpur, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302 and 201 of the Indian Penal Code. The prosecution case in brief is that one half burnt dead body was found in abandoned room made on the land of one Ashok Chaurasiya.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 16-05-2018. Charge sheet has already been submitted. The petitioner's name surfaced in this case on the basis of confessional statement of co-accused.

Patna High Court CR. MISC. No.74961 of 2019(4) dt.05-03-2020 2/2 Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioners in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above 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 learned Ist Additional Sessions Judge-cum-Special Judge, (JJ Act) Gaya in connection with Juvenile Trial No. 03 of 2019 arising out of Kotwali P.S. Case No. 425 of 2017.

(Sudhir Singh, J) A.K.V.//- U T