Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13739 of 2019 Arising Out of PS. Case No.-90 Year-2018 Thana- VAISHALI District- Vaishali ====================================================== Mukesh Kumar Son of Nathuni Sahni Resident of Village- Kachahari Bazar, Near Vaishali Machhua Toli School, Police Station- Vaishali, District- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 399, 402, 413, 414 of the Indian Penal Code and Sections 25(1-B), 26, 27 and 35 of the Arms Act. The prosecution case, in short, is that while the police party reached the place of occurrence, the accused persons, variously armed, started fleeing away after firing. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has come on the basis

Patna High Court CR. MISC. No.13739 of 2019(2) dt.07-03-2019 2/2 of disclosure made by co-accused namely Abhishek Kumar Shrivastava. There is no recovery of arms from the possession of the petitioner. Due to village politics, the petitioner has been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 90 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T