Mukesh Kumar @ Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8766 of 2025 Arising Out of PS. Case No.-264 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Mukesh Kumar @ Mukesh Yadav Son of Baeshwar Prasad Yadav Resident of village- Gopalpur, Ward No. 08, P.S.- Rajauli, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma, Adv For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-03-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is not named in the F.I.R. and apprehended his arrest in connection with Rajauli P.S. Case No. 264 of 2021 registered for the offences punishable under Sections 148, 341, 323, 353, 379 and 506 of the Indian Penal Code.
3. The allegation against the petitioner is to assault informant, who was posted at check post as a Home Guard, along with other named and unknown co-accused persons and instead of stopping their vehicle, upon instruction
Patna High Court CR. MISC. No.8766 of 2025(2) dt.07-03-2025 2/3 of informant they fled away.
4. Learned counsel appearing on behalf of the petitioner submitted that the name of this petitioner transpired on the basis of confessional statement of named co-accused Arun Mukhiya. It is pointed that the allegation of assault appears very much general and omnibus, where no apparent injury as such was received by the informant. While concluding the argument it is submitted that petitioner is a man of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
6. In view of the aforesaid facts and circumstances and by taking note of nature of accusations qua assault which is very much general and omnibus, where no apparent injury found upon medical examination of informant, who is a man of clean antecedent, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to
Patna High Court CR. MISC. No.8766 of 2025(2) dt.07-03-2025 3/3 the satisfaction of the learned A.C.J.M.-1, Nawada/concerned trial court where the case is pending in connection with Rajauli P.S. Case No. 264 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T