Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28199 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Mukesh Kumar Son of Lalbabu Sah Resident of Village- Turkauliya Asharfi Sah Tola, P.S.- Turkauliya, Dist.- East Champaran ... ... 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.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Turkauliya P.S. case No. 58 of 2024 instituted for the offences under Sections 447, 341, 323, 327, 384, 354B, 379, 504, 506 of the Indian Penal Code.

3. Prosecution case, in short, is that when the informant was erecting asbestos room on the land, then the accused persons including this petitioner put a pistol on the head of the younger son of the informant and demanded extortion money. It is further alleged that this petitioner snatched golden chain from the neck of the informant.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.28199 of 2024(2) dt.18-04-2024 2/2 petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. The only specific allegation against the petitioner is that he snatched golden chain from the neck of the informant and the same is super addition. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.02.2024 and has two criminal antecedents but he is on bail in both the cases.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no specific allegation of assault against the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya P.S. case No. 58 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T