Mukesh Kumar Singh @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75671 of 2019 Arising Out of PS. Case No.-495 Year-2014 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== MUKESH KUMAR SINGH @ MUKESH KUMAR Son of Sukhendra Singh @ Satyendra Singh Resident of Village- Rahimabad, P.S.- Bangra, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 1.8.2019 has filed the instant application for grant of bail in connection with Sadar P.S. Case No. 495 of 2014 (District-Darbhanga) registered for the offence punishable under sections 395 and 412 of the Indian Penal Code.

As per the allegation in the FIR, the driver of the truck carrying with 450 gas cylinders were forcibly taken away. It is stated by the informant that in course of conversation accused persons were taking the name of the Ajay and Mukesh. It is further submitted that gas cylinders were recovered from the godown of one Mukesh Kumar son of Late Suresh Singh who was also made F.I.R. named accused.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.75671 of 2019(2) dt.04-12-2019 2/2 that the petitioner is not named in the F.I.R. He happens to be son of Sukhendra Singh @ Satyendra Singh. It is further submitted that he has been implicated in this case only on the confessional statement of co-accused Md. Manzoor and Pankaj Paswan @Pappu Paswan. While Pankaj Paswan has been enlarged on bail by order dated 9.7.2015 passed in Cr.Misc. No.22450 of 2015, Md. Manzoor has also been granted regular bail by the learned Sessions Judge by order dated 8.4.2015 passed in B.P.No. 283 of 2015. It is further submitted that the petitioner is in custody since 1.8.2019 and has no criminal antecedent. No incriminating article has been recovered from the person or possession of the petitioner.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Sadar P.S. Case No. 495 of 2014 (District-Darbhanga). Bibhash/- (Partha Sarthy, J) U T