Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5638 of 2023 Arising Out of PS. Case No.-257 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== MUKESH KUMAR Son of Sri Dev Data Yadav @ Devdatt Yadav, R/vDhabahi, P.S.- Laukahi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Narain Yadav Mr. Masoom Alam Mr. Chandra Mohan Ms. Sweta Kumari For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Laukahi P.S. Case No. 257 of 2019, registered for offence punishable under Sections 147, 149, 323, 337, 338, 504, 435, 427, 307, 332, 333, 353, 283, 188, 379 of the Indian Penal Code and Sections 3/4 of the Damage to Public Property Act. As per allegation, 100-106 named accused persons along with 1000-1500 unknown accused persons created chaos, road jam and also dismantled shops and public vehicles. Some of the police personnels became injured.

The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR. He is under custody since 29.09.2022. He is a person of clean antecedent and FIR

Patna High Court CR. MISC. No.5638 of 2023(2) dt.05-05-2023 2/2 shows itself that the mob was protesting, as one motor cyclist died in an accident.

Considering the above-mentioned facts and circumstances as well as clean antecedent of the petitioner and his period of detention, let him above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 257 of 2019, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/Sudha U T