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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1215 of 2020 Arising Out of PS. Case No.-57 Year-2018 Thana- MADHEPUR District- Madhubani ====================================================== MUKESH KUMAR YADAV @ MUKESH YADAV @ MUKESH KUMAR Son of Ramswaroop Yadav @ Ram Swaroop Yadav Resident of Village - Rajaura Mahthaura, P.S.- Andharamath, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti Ms. Nitu Kumar No. 7 Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Madhepur P.S. Case No. 57 of 2018 for the offence registered under Section 400 of the Indian Penal Code and under Sections 25(1-b)A, 26 and 35 of the Arms Act.

The allegation is regarding recovery of two automatic pistol from the petitioner.

The learned counsel for the petitioner submits that the seizure list does not bear the signature of the petitioner and in fact the same has been signed by the co-accused person, namely, Sarwan Kumar Ram and the said co-accused person has already

Patna High Court CR. MISC. No.1215 of 2020(2) dt.16-01-2020 2/2 been granted bail by a coordinate Bench of this Court vide order dated 28.09.2018 passed in Criminal Misc. No. 50866 of 2018. It is further submitted that though the petitioner is accused in two other cases but he is on bail in one of the said cases. The petitioner is stated to be languishing in custody since 26.05.2018.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner coupled with the fact that the co-accused person has already been granted bail and the petitioner is languishing in custody since more than a period of one and half years, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 learned Additional Sessions Judge, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No. 57 of 2018, S.T. No. 33 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T