Mukul Rai @ Mukul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25099 of 2022 Arising Out of PS. Case No.-656 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== MUKUL RAI @ MUKUL KUMAR SON OF VIRENDRA RAI RESIDENT OF VILLAGE - DIGHHI KHURD, P.S- SADAR, DIST- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-11-2022 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 356 and 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that he was intercepted by two miscreants on a motorcycle who snatched his bag containing Rs. 2 lakhs along with other articles as detailed in the FIR.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the FIR was instituted against unknown, further during the course of investigation it came that witnesses

Patna High Court CR. MISC. No.25099 of 2022(2) dt.11-11-2022 2/3 had seen the petitioner at the place of occurrence before the occurrence as such based on such disclosure by the witnesses, the petitioner came to be implicated. It is next submitted that mere presence of the petitioner at the place of occurrence before the occurrence does not justify his implication without proper investigation.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner has one criminal antecedent.

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. 20,000/- (Rupees Twenty 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 Hajipur Sadar P.S. Case No. 656 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. with a further condition that one of the bailors of the petitioner shall be his father, Virendra Rai.

Further, in the event if the Investigating Officer of the

Patna High Court CR. MISC. No.25099 of 2022(2) dt.11-11-2022 3/3 case files an application before the learned trial court bringing to its notice that petitioner after obtaining anticipatory bail is not cooperating in investigation, then the learned trial court shall cancel the bail bonds of the petitioner after recording reasons. (Satyavrat Verma, J) Rishi/- U T