Mukesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45522 of 2018 Arising Out of PS. Case No.-145 Year-2018 Thana- NATHNAGAR District- Bhagalpur ======================================================

1. Mukesh Kumar, S/o Nand Kishore Sah, Resident of MohallaSri Rampur, P.S.- Nath Nagar, District- Bhagalpur.

2. Gaurav Lal @ Gaurav Kumar Das, S/o Late Moti Lal Das @ Moti Lal, residents of Mohalla- Champa Nagar, Tanti Bazar, P.S. Nath Nagar, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Manoj Kumar For the Opposite Party/s :

Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Nath Nagar P.S. Case No. 145 of 2018 instituted for the offence under Section(s) 341, 323, 308, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that petitioner no.1 is staff of the petrol pump whereas petitioner no.2 is owner of the petrol pump. Petitioner no.2 has earlier instituted a case vide Nath Nagar P.S. case no. 144/18 against the present informant and others.

Patna High Court Cr.Misc. No.45522 of 2018(2) dt.13-08-2018 2/3 The instant case has been filed as a counter blast to the aforesaid case to save their skin.

From the written report itself, it appears that there is general and omnibus allegation that petitioner no.1 sprinkled diesel on the body of the informant and tried to set on fire. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Nath Nagar P.S. Case No. 145 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Bhagalpur, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court Cr.Misc. No.45522 of 2018(2) dt.13-08-2018 3/3 cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T