Mukesh Kumar Sah @ Mukesh Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22680 of 2022 Arising Out of PS. Case No.-197 Year-2021 Thana- AANDAR District- Siwan ====================================================== MUKESH KUMAR SAH @ MUKESH GOND Son of Late Satyadev Gond @ Satyadeo Sah Resident of Village - Mirpur, P.s.- Andar, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504, 506 and 34 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on account of dispute of money, the petitioner along with other accused persons came and Om Praksh fired causing injury on chest of Satyadeo who died at the spot, further Om Prakash was caught and assaulted by Upendra, Mukesh, Ajay, Vijay and Ajit by lathi-labada and on account of assault, Om

Patna High Court CR. MISC. No.22680 of 2022(2) dt.07-11-2022 2/3 Prakash also died.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the allegation of assault is general and omnibus in nature, it is next submitted that it was Om Prakash who fired causing death of Satyadeo and thereafter he was apprehended by the villagers and was assaulted and since petitioners are related to Satyadeo, as such they were implicated in the present case. It is further submitted that Vijay Shankar and Ajeet have been granted anticipatory bail vide order dated 13.09.2022 in Cr. Misc. No. 10673 of 2022 and the case of the petitioner is on similar footing.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, 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 case is pending/successor court in connection with Andar P.S.

Patna High Court CR. MISC. No.22680 of 2022(2) dt.07-11-2022 3/3 Case No. 197 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T