Mukesh Kumar @ Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30239 of 2024 Arising Out of PS. Case No.-60 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== MUKESH KUMAR @ MUKESH YADAV S/O LATE MAHENDRA YADAV R/O VILLAGE- KUKIYASHIN, P.S- BUNIYADGANJ, DISTT.- GAYA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Buniyadganj P.S. Case No. 60 of 2022 dated 10.03.2022 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 385, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons armed with deadly weapons assaulted the brother of the informant and demanded extortion money.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner

Patna High Court CR. MISC. No.30239 of 2024(2) dt.02-08-2024 2/2 has sprung up in the confessional statement of the co-accused Vimal and Jitendra Kumar. Learned counsel has further submitted that there is no specific allegation against the petitioner. The other co-accused person has already been granted anticipatory bail by this court vide order dated 31.10.2023 passed in Cr. Misc. No. 68084 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Buniyadganj P.S. Case No. 60 of 2022 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T