Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29984 of 2024 Arising Out of PS. Case No.-257 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== Mukesh Kumar Son of Amirak Prasad Resident of Village - Loharpura, P.S.- Kadirganj, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Lakhnaur (RSOP) P.S. Case No. 257 of 2022 dated 22.11.2022, lodged under Section 395 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against 8-10 unknown accused persons against whom there is an allegation that they have entered into the house of the informant and committed dacoity on gun point and also looted cash amounting to Rs.25,000/- and ornaments worth Rs. 4 to 5 lacs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner has been remanded in the present case at the instance of the police when he was in custody in

Patna High Court CR. MISC. No.29984 of 2024(4) dt.07-08-2024 2/3 another case. Counsel further submits that the criminal antecedent of the petitioner is not clean and there are three criminal cases pending against him in which in all the cases, he is on bail. The petitioner is in custody since 20.05.2023 in the present case. Counsel submits that nothing incriminating has been recovered from the petitioner's possession and his name has been figured in this case only by virtue of the confessional statement of the co-accused to whom bail has been granted.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is true that the petitioner's name has been figured in this case only by virtue of the confessional statement of the co-accused and it is also true that nothing has been recovered from the petitioner's possession. But, recovery of looted articles has been made from the confession of the same co-accused who has disclosed the name of the petitioner and therefore, his confessional statement cannot be ignored as the said confessional statement of the co-accused is corroborative by virtue of recovery of the looted articles.

6. Upon specific query of the Court from the counsel for petitioner that what is the stage of the trial, counsel submits that he is not in a position to inform to this Court about the stage of the trial.

Patna High Court CR. MISC. No.29984 of 2024(4) dt.07-08-2024 3/3

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Lakhnaur (RSOP) P.S. Case No. 257 of 2022, pending before the learned Additional Chief Judicial Magistrate-1, Jhanjharpur, Madhubani is hereby rejected.

9. Liberty is hereby granted to the petitioner that he may renew his prayer for bail three months after framing of charge, if not framed.

(Dr. Anshuman, J) Divyansh/- U T