Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37746 of 2024 Arising Out of PS. Case No.-356 Year-2017 Thana- BAKHTIYARPUR District- Patna ====================================================== Mukesh Kumar Son Of Late Umesh Prasad Resident Of Village - Chanda, Police Station - Athmalgola, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Arun, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar Singh , learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Bakhtiarpur P.S. Case No. 356 of 2017, registered for the offence punishable under Sections 147, 148, 149, 341, 342, 504, 307, 332, 353, 427 of the Indian Penal Code and Section 3(1) of the Public Property Act, 1984.
3. Allegation is of illegally causing road block and creating hindrance to the police party.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that petitioner is named in the F.I.R., but he was not present on the
Patna High Court CR. MISC. No.37746 of 2024(2) dt.26-06-2024 2/2 place of occurrence. Allegation is general and omnibus. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the fact that the F.I.R is against altogether 11 named persons and 115 unnamed persons, allegation is general and omnibus, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- IIIrd, Barh, Patna, in connection with Bakhtiarpur P.S. Case No. 356 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Purnendu Singh, J) Niraj/- U T