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Patna High CourtCR. MISC./2952/2025bail granted

Mukesh Kumar v. The State Of Bihar

2025-01-31Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2952 of 2025 Arising Out of PS. Case No.-246 Year-2022 Thana- PATNA GRP CASE District- Patna ====================================================== 1 .

Mukesh Kumar son of Jodhi Rai RESIDENT OF VILLAGE-JETHULI, POLICE STATION-NADI, DISTRICT-PATNA 2.

Jawala Kumar @ Jwala Kumar @ Ujjawal Yadav son of Harendra Rai RESIDENT OF VILLAGE-JETHULI, POLICE STATION-NADI, DISTRICT-PATNA 3 .

Rajesh Kumar son of Jodhi Rai RESIDENT OF VILLAGE-JETHULI, POLICE STATION-NADI, DISTRICT-PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad , Advocate For the Opposite Party/s :

Mr. Binod Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 337, 338, 353, 427 of the Indian Penal Code and Sections 141, 145, 146 of the Railway Act.

3 . As per prosecution case, the informant, who is ASI

Patna High Court CR. MISC. No.2952 of 2025(2) dt.31-01-2025 2/3 in RPF, saw that some persons were unloading the jute bags from train and when he tried to stop them for checking the bags, he was attacked by 15-20 persons by screw driver and stone, due to which, he got injured.

4. Learned counsel for the petitioners submits that petitioners are not named in the F.I.R. and their name transpired during course of investigation in the confessional statement of co-accused person . It is further submitted that similarly situated co-accused has already been granted anticipatory bail by this Hon'ble Court vide order dated 14.05.2024 passed in Cr. Misc. No. 22981 of 2024 and Cr. Misc. No. 52807 of 2024 vide order dated 20.09.2024 .

5 . Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Railway Court, Patna Junction, Patna in connection with GRP

Patna High Court CR. MISC. No.2952 of 2025(2) dt.31-01-2025 3/3 Patna (Bankaghat) P. S. Case No. 246 of 2022 , subject to condition as laid down under Section 438(2) of the BNSS 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T