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Patna High CourtCR. MISC./18589/2025allowed

Mukesh Kumar v. The State Of Bihar

2025-04-18Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18589 of 2025 Arising Out of PS. Case No.-281 Year-2024 Thana- GOVINDPUR District- Nawada ====================================================== Mukesh Kumar Son of Vishundeo Yadav @ Vishundeo prasad Yadav Resident of Vill- Shikharpur, P.S.- Govindpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan Kumar For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Govindpur P.S. Case No. 281 of 2024 instituted for the offence under Sections 303(2), 317(2), 111(3), 111(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The case of the prosecution is that a tractor loaded with sand was abandoned by unknown persons upon seeing the raiding party. Sand was recovered from the said tractor. The name of the petitioner was disclosed by local residents.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also

Patna High Court CR. MISC. No.18589 of 2025(2) dt.18-04-2025 2/2 submits that from the FIR, it is evident that the petitioner is neither arrested on the place of occurrence nor any incriminating articles has been recovered from his possession. Petitioner is having criminal antecedent of one case.

5. In contra, learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Govindpur P.S. Case No. 281 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Sudhanshu/- U T