Mukul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29792 of 2024 Arising Out of PS. Case No.-71 Year-2023 Thana- KARTAHA District- Vaishali ====================================================== Mukul Kumar S/o Ram Sirith Mahto R/o vill - Dhibra Ghataro, P.S. and P.O. - Kartaha, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

At the outset, let the defect/s as pointed out by the Office be ignored.

3.

The petitioner apprehends his arrest in connection with Kartaha P.S. Case No. 71 of 2023 registered for the offences punishable under Section 379 of the Indian Penal Code.

4.

Prosecution case in short is that unknown miscreants have committed theft at PHC, Ghataro of DVR, CCTV Camera Monitor, Power Supply etc. and Rs. 300/- OPD

Patna High Court CR. MISC. No.29792 of 2024(3) dt.06-09-2024 2/3 registration fee.

5.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of co-accused taken during the course of investigation, and the same has no evidentiary value in the eye of law. There is general and omnibus levelled against the petitioner. No specific allegation has been attributed to the petitioner. Petitioner claims clean antecedent. Other co-accused has been granted regular bail by this Court vide order dated 25-04-2024, passed in Cr. Misc. No. 31447 of 2024.

6.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the

Patna High Court CR. MISC. No.29792 of 2024(3) dt.06-09-2024 3/3 case is pending/successor court in connection with Kartaha P.S. Case No. 71 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T