Mukesh Kumar @ Mukesh Kr. Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38996 of 2023 Arising Out of PS. Case No.-298 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== MUKESH KUMAR @ MUKESH KR. PASWAN Son of Mangal Das Resident of village - Birra, P.S. - Hajipur Sadar, Distt. - Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State

2. The petitioner apprehends his arrest in Hajipur Sadar P.S. Case No. 298 of 2020 registered for the offences punishable under Sections 420, 406, 364 and 120B of the Indian Penal Code.

3. The allegation against the petitioner is that he in association of other co-accused is said to have kidnapped the husband of the informant to grab Rs.15 lakhs.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has one criminal antecedent as mentioned in

Patna High Court CR. MISC. No.38996 of 2023(4) dt.05-10-2023 2/2 para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the prayer for bail of one of the coaccused, Manoj Kumar @ Manoj Kumar Thakur has already been rejected by a co-ordinate Bench of this Court vide order dated 08.05.2023 passed in Cr. Misc. No.1394 of 2023 and the petitioner has been figured as main accused, hence, the petitioner does not deserve anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T