Mukesh Kumar @ Mukesh Yadav @ Mukesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39979 of 2021 Arising Out of PS. Case No.-624 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== MUKESH KUMAR @ MUKESH YADAV @ MUKESH Son of Ganeshi Yadav Resident of Village- Kankaul, P.S.- Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 406, 379 of the Indian Penal Code. Prosecution case, in short, is that scorpio car of the informant was stolen away from his house. The informant suspects that his scorpio car has been stolen by co-accused Guddu.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against

Patna High Court CR. MISC. No.39979 of 2021(2) dt.11-04-2022 2/2 the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come in this case on the confession of co-accused recorded under Section 161 of Cr.P.C. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of any incriminating article from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. case No.624 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T