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Patna High CourtCR. MISC./28115/2024allowed

Mukesh Pandey @ Baby v. The State Of Bihar

2024-04-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28115 of 2024 Arising Out of PS. Case No.-638 Year-2023 Thana- JAKKANPUR District- Patna ====================================================== Mukesh Pandey @ Baby Son of Kaushal Pandey @ Kaushal Kishore Pandey Resident of Mohalla- Kannulal Road, Mithapur, P.S.- Jakkanpur, Dist.- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 307, 385, 379, 504, 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused persons assaulted the informant by means of Helmet.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.28115 of 2024(2) dt.19-04-2024 2/2 specific rather general and omnibus in nature. The injury sustained by the informant has been found simple in nature. Similarly situated co-accused, namely, Rakesh Pandey has been enlarged on bail by this bench vide order dated 12.03.2024 passed in Cr. Misc. No. 11730 of 2024. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the injury of the injured was found simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Jakkanpur P.S. Case No. 683 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T