Mukesh Paswan @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21397 of 2024 Arising Out of PS. Case No.-19 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== Mukesh Paswan @ Mukesh Kumar S/o Late Kaleshwar Paswan R/o Vill - Chak Gaji, Zero Mile, P.S. - Ahiyapur, Dist. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Minapur P.S. Case No. 19 of 2022, instituted for the offences punishable under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that, three miscreants including came on a motorcycle, snatched the mobile phone of the informant and started fleeing away by firing. On raising voice, nearby people reached there and the petitioner was apprehended on spot, while others managed to escape.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.21397 of 2024(2) dt.22-03-2024 2/3 present case. There is no any specific allegation, rather general and omnibus allegation levelled against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner is languishing in judicial custody since 01.02.2022 and has got six criminal antecedents. It is lastly submitted that Charge-sheet has already been submitted in the present case.
5. Learned APP 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 and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Minapur P.S. Case No. 19 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.21397 of 2024(2) dt.22-03-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T