Mukesh Kumar @ Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32636 of 2024 Arising Out of PS. Case No.-315 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Mukesh Kumar @ Mukesh Paswan Son of Bishnu Dev Paswan @ Vishnudev Ram Resident of Village- Chotki Chanda , P.S- Koilwar, Dist- Bhojpur at Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shweta, Advocate.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Ara Mufassil P.S. Case No.315 of 2023 instituted under Sections 392 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that three unknown persons, boarded on motorcycle, looted the bag of the informant and his colleague Amrendra Kumar while they were returning after collecting dues from customers of their bank.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to his three criminal antecedents. She further submits that nothing has been recovered from the possession of the petitioner. Learned counsel submits that petitioner was not arrested from the spot and except the confessional statement of the co-accused

Patna High Court CR. MISC. No.32636 of 2024(3) dt.28-06-2024 2/2 Sandeep Kumar, there is no material against him. She further submits that chargesheet has already been submitted and there is no chance of tempering with the evidence. Learned counsel submits that similarly situated co-accused has already been granted bail by this Court vide order dated 23.01.2024 passed in Cr. Misc. No.86365 of 2023. She further submits that petitioner undertakes to cooperate in the trial and he is in custody since 30.08.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM VII, Bhojpur, Ara in connection with Ara Muffasil P.S. Case No.315 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T