Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30355 of 2025 Arising Out of PS. Case No.-293 Year-2024 Thana- HULASGANJ District- Jehanabad ====================================================== Mukesh Kumar S/o- Bindeshwar Sharma @ Bandeshwar Sharma villageSurajpur PS-Hulasganj District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate.

Mr. Mayank Raj, Advocate.

Mr. Rahul Singh, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-07-2025 Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Hulasganj P.S. Case No.293 of 2024 instituted under Sections 308(2) of the B.N.S., 2023.

3. As per the prosecution case, the police party during patrolling at night reached at Churamal Chowk and found that 4-5 persons having torch and lathi in their hands forcibly extorting money from the vehicles. On seeing the police party the petitioner along with other persons fled away from the spot leaving his bullet motorcycle bearing Registration No. BR02AG 7433.

4. Learned Senior Counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case only on the basis of suspicion. He further submits that the petitioner had gone to field near his house for the purpose of

Patna High Court CR. MISC. No.30355 of 2025(3) dt.23-07-2025 2/2 irrigation of the paddy crops and parked his motorcycle on the road and only on the basis of suspicion, the motorcycle of the petitioner had been seized by the Police. Learned Senior Counsel submits that due to four criminal antecedents of petitioner, the Police has implicated him in the false case. He further submits that no one has complained about the extortion and also no one was present on the spot. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Hulasganj P.S. Case No.293 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T