Mukesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26057 of 2018 Arising Out of PS.Case No. -25 Year- 2017 Thana -NTPC District- BHAGALPUR ====================================================== Mukesh Das, S/o Rupan Das, R/o Sikandarpur, P.S.- N.T.P.C., DistrictBhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anupa Nand Jha For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 23.12.2017 in connection with N.T.P.C. P.S. Case No. 25 of 2017 for offences punishable under Sections 341, 323, 307, 420, 504, 506 and 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he had gone to the hand pump, the petitioner along with six others assaulted him by means of knife.

It has been submitted by the learned counsel for the petitioner that he is innocent, both parties were on inimical terms and allegations are general and omnibus. He submits that the petitioner bears no criminal history and charge-sheet has already

Patna High Court Cr.Misc. No.26057 of 2018 (2) dt.02-05-2018 2/2 been submitted. He submits that some of the co-accused persons have already been granted the privilege of pre-arrest bail by a coordinate Bench of this Court.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with N.T.P.C. P.S. Case No. 25 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T