Patna High CourtCR. MISC./57170/2018bail granted

Mukesh Kumar Dwivedy v. The State Of Bihar

2018-11-01Mr. Justice Sanjay Priya2 pages

3IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.57170 of 2018 Arising Out of PS.Case No. -373 Year- 2018 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Mukesh Kumar Dwivedy Son of Ambika Prasad Dwivedy Resident of Village - Basoanpatti, Ward No. 1, P.S. - Purhania, District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner, the informant and the learned A.P.P. for the State. The petitioner seeks bail in Sitamarhi P.S. Case No. 373/2018, instituted for the offences under Sections 302, 120(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner was guard in the house of deceased. His name has come on the basis of his confessional statement recorded by police in para 32 of case diary. He has stated in his confessional statement that two accused, namely, Rajesh Paswan and Kanhai Thakur had gone inside the house of deceased. He has further stated that coaccused Rajesh Paswan after coming out told that Bharat Prasad and his wife have been killed.

Patna High Court Cr.Misc. No.57170 of 2018 (3) dt.01-11-2018 2/2 Learned counsel for the petitioner has submitted that driver of the deceased, namely, Mintu Pal has already been granted bail by this Court in Cr. Misc. No. 53354/2018 dated 25.10.2018. Petitioner is in custody since 10.04.2018. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 373/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) Rakhi U T