Patna High CourtCR. MISC./37002/2024bail granted

Mukesh Kumar v. The State Of Bihar

2024-05-14Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37002 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Mukesh Kumar SON OF Ramashish Rai Resident of village- Tara Bachhwara P.S. -Bachhwara, District -Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bachhwara P.S. Case No. 2 of 2024 instituted for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of assaulting the husband of the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. He submitted that there is general and omnibus allegation against the petitioner rather the specific allegation of assaulting by means of pistol is

Patna High Court CR. MISC. No.37002 of 2024(2) dt.14-05-2024 2/2 against co-accused Golu Kumar Singh. There is no specific overt act against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. Moreover, it is submitted that the other co-accused has already been granted bail by this Court vide order dated 19.03.2024 passed in Cr. Misc. No. 20474 of 2024. The petitioner is in custody since 16.03.2024 and has three criminal antecedents.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no specific allegation against the petitioner as well as the period of custody undergone by him, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bachhwara P.S. Case No. 2 of 2024.

(Rudra Prakash Mishra, J) Arish/- U T