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Patna High CourtCR. MISC./35659/2024bail granted

Mukesh Kumar Kushwaha v. The State Of Bihar

2024-07-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35659 of 2024 Arising Out of PS. Case No.-462 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Mukesh Kumar Kushwaha Son of Late Ravindra Prasad Kushwaha Resident of Village- Phulwariya, P.S- Sugauli, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rashmi Jha For the Opposite Party/s :

Mr. Sanjay Kumar Singh Mr. Manjeet Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 363, 364, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the F.I.R. named accused persons namely Smita Devi and Rishabh Kumar kidnapped the son of the informant.

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. Name of the petitioner transpired during course of investigation on the basis of confessional statement of co-accused Akhilesh Bhagat. Save & except confessional statement, there is no other material against

Patna High Court CR. MISC. No.35659 of 2024(3) dt.11-07-2024 2/2 this petitioner to show his complicity in the aforesaid case. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Motihari (East Champaran) in connection with Sugauli P.S. Case No. 462 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T