Mundrika Kumar @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24080 of 2025 Arising Out of PS. Case No.-315 Year-2024 Thana- CHAKAND District- Gaya ====================================================== Mundrika Kumar @ Mukesh Kumar, aged about 28 years, Gender-Male, Son of Balarjit Yadav, Resident of Village- Baikathpur, P.S.- Atri District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Asgher Najmi, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Chakand P.S. Case No. 315 of 2024 instituted for the offences punishable under Sections 309(4) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, two unknown persons hit the informant from the backside, as a result of which he fell down on the earth, then both the accused persons assaulted him on the point of arms and snatched his bag.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that neither the petitioner was caught at the spot nor any incriminating articles have been recovered from the conscious possession of the
Patna High Court CR. MISC. No.24080 of 2025(2) dt.01-05-2025 2/3 petitioner. Petitioner has not named in the FIR. Petitioner has got two criminal antecedent as stated in para 3 of the petition is in custody since 15.11.2024.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR and impugned order of the learned District and Additional Sessions Judge-XVI, Gaya dated 20.02.2025, it appears that petitioner is not named in the FIR. From perusal of the records, it appears that on the basis of written report of the informant Shashi Ranjan, FIR has been registered under Sections 309(4) of the Bharatiya Nyaya Sanhita against two unknown persons. During investigation the police received secret information against the petitioner and arrested the accused with looted property, which was recovered from the possession of the petitioner. Only one katta with live cartridges has been recovered in this case. Petitioner is already granted bail by the learned Trial Court in B. P. No. 527 of 2025 dated 24.03.2025 from the learned Additional Sessions Judge-I, Gaya. Petitioner is under custody since 15.11.2024, so consider the all aspects of the case and submission of learned counsel for the petitioner, I am inclined to grant bail to the petitioner.
7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on
Patna High Court CR. MISC. No.24080 of 2025(2) dt.01-05-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Gaya in connection with Chakand P.S. Case No. 315 of 2024.
(Ramesh Chand Malviya, J) Anand Kr.
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