Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8572 of 2023 Arising Out of PS. Case No.-147 Year-2018 Thana- TEKARI District- Gaya ====================================================== Mukesh Kumar S/O Ramanand Yadav Resident Of Village- Chitaukhar, P.S.- Tekari, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 353, 307, 379, 186, 504 and 506 of the Indian Penal Code.

As per the prosecution case, it is alleged that in protest of the death of the victim resulting into huge traffic, 25 F.I.R. named accused persons including the petitioner blocked the road. Thereafter, when the informant reached on the spot to remove the traffic, he was being abused by all the FIR named accused persons including the petitioner.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the

Patna High Court CR. MISC. No.8572 of 2023(2) dt.18-04-2023 2/2 petitioner is not specific rather general and omnibus in nature. He submits that it has falsely been alleged that the petitioner has abused and assaulted the informant and police party, there is no injury on the part of body of the informant or any police officials. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner and the petitioner is only member of the mob, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Tekari (Mau) P.S. Case No. 147 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T