Patna High CourtCR. MISC./22530/2023disposed

Mukesh Kumar v. The State Of Bihar

2023-05-22Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22530 of 2023 Arising Out of PS. Case No.-894 Year-2022 Thana- BIHAR District- Nalanda ====================================================== Mukesh Kumar, S/o Raj Kishor Yadav, R/O Village- Ganjapar, P.SDeepnagar, District.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Bihar P.S. Case No. 894 of 2022 dated 19.11.2022 registered for the offences punishable under Sections 341, 323, 387/34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has been languishing in jail since 20.11.2022 and he has fair and clean antecedent, though as per allegation he was apprehended at the spot but no incriminating material was recovered from his possession and petitioner has been roped in this case due to enmity and against him the investigation has been completed and alleged offences are triable by the Court of Magistrate.

Patna High Court CR. MISC. No.22530 of 2023(2) dt.22-05-2023 2/2

4. Learned APP appearing for the State opposes the bail prayer.

5. Heard both the sides and perused the FIR. Though, the allegation appearing against this petitioner is serious in nature but considering the petitioner's fair and clean antecedent as mentioned in the petition and his custody period and also the facts that the alleged offences are triable by the Court of Magistrate and against the petitioner the investigation has been completed, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail, after framing of charge, if the same has not been framed, in connection with Bihar P.S. Case No. 894 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T