Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5548 of 2018 Arising Out of PS.Case No. -77 Year- 2017 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mukesh Kumar Singh, Son of Late Bhola Singh, Resident of VillageBhatha, P.S.- Sugauli, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhishek Kumar @ Sonu Babu with Mrs. Rashmi Jha For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 09.05.2017 in connection with Ramgarhwa P.S. Case No. 77/2017 registered for the offences punishable under Section 414 of the Indian Penal Code and Section 25(1-b)a,26,35 of the Arms Act. Learned counsel for the petitioner submits that on the basis of self-confessional statement made before the police, the petitioner was taken into custody, but there has been no recovery from the possession of the petitioner. It is further submitted that the recoveries alleged to have been made, were from the possession of Amit Singh.

Considering the period of custody and the selfconfessional statement is not binding and has no evidentiary value,

Patna High Court Cr.Misc. No.5548 of 2018 (2) dt.02-02-2018 2/2 let the petitioner above named, 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 the learned Sub-divisional Judicial Magistrate, Raxaul at Motihari, East Champaran, in connection with Ramgarhwa P.S. Case No. 77/2017, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T