Mukesh Kumar @ Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5571 of 2024 Arising Out of PS. Case No.-39 Year-2023 Thana- GOGRI District- Khagaria ====================================================== 1.

MUKESH KUMAR @ MUKESH YADAV SON OF MITHLESH YADAV RESIDENT OF VILLAGE - MAITUFIR KARARI TOLA, P.S. - MUFFASIL, DISTRICT - MUNGER 2.

PIYUSH YADAV SON OF PRAMOD YADAV RESIDENT OF VILLAGE - MAITUFIR KARARI TOLA, P.S. - MUFFASIL, DISTRICT - MUNGER ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2024 Heard the parties.

2. The petitioners apprehend their arrest in connection with Gogari P.S. Case No.39 of 2023, registered for the offence punishable under Sections 341, 323, 427, 385, 387, 379, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, the petitioners and other co-accused persons were ploughing the agricultural field of the informant with a tractor. When the informant restrained, the petitioners pointed pistol on him and demanded extortion from him. It is also alleged that the accused persons looted 15 bags of fertilizer and Rs.2000/- from the informant.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.5571 of 2024(2) dt.20-02-2024 2/2 that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioner no.1 has four criminal antecedent and petitioner no.2 has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence and criminal history of petitioners, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

7. Accordingly, this application is dismissed.

8. However, if the petitioners surrender before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day, in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T