Mukesh Rai @ Rakesh Rai @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14981 of 2025 Arising Out of PS. Case No.-85 Year-2023 Thana- AWTARNAGAR District- Saran ====================================================== Mukesh Rai @ Rakesh Rai @ Mukesh Kumar S/o- Kashi Rai village- Jhaua, P.S.- Awtarnagar, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard Mr. Sunil Kumar Singh, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State. Perused the case diary.

2. The petitioner apprehends his arrest in connection with Awtar Nagar P.S. Case No. 85 of 2023 instituted for the offences under Sections 302, 120B of the Indian Penal Code.

3. Accusation against the accused persons including the petitioner is of assaulting the deceased due to which he sustained injuries and died.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.14981 of 2025(3) dt.25-07-2025 2/3 petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further contended that deceased died due to shock which is also evident from the post-mortem report of the deceased, in which doctor has opined that the death of deceased has been caused due to sudden cardiac arrest leading to cardiorespiratory failure. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no direct allegation against the petitioner as also cause of death opined by the doctor who conducted postmortem, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Awtar Nagar P.S. Case No. 85 of 2023, subject to the conditions as laid down

Patna High Court CR. MISC. No.14981 of 2025(3) dt.25-07-2025 3/3 under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T