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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41784 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- PIPRA District- East Champaran ====================================================== Mukesh Kumar @ Mukesh Kumar Yadav @ Mukesh Son of Lalan Prasad Yadav Village- Bherakhiya, Ps- Pipra, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pipra P.S. case No. 92 of 2024 instituted for the offences under Sections 399, 402, 413, 414 of the Indian Penal Code and 25(1b)a, 26, 35 of the Arms Act.

3. Prosecution case, in short, is that, police, on the basis of secret information reached at the place of occurrence. Seeing the police the accused persons tried to flee away but three of them were apprehended whereas this petitioner and one

Patna High Court CR. MISC. No.41784 of 2024(2) dt.19-06-2024 2/3 other accused persons managed to flee away. The apprehended persons disclosed the name of persons who fled away from the spot.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on the spot rather the name of this petitioner transpired in this case on the basis of disclosure made by the co-accused person, Pankaj Kumar, who was apprehended on the spot. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.03.2024 and has no criminal antecedent.

5. Learned A.P.P. 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, clean antecedent and no any recovery from the conscious possession of the petitioner as also the period of custody undergone by the petitioner, 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

Patna High Court CR. MISC. No.41784 of 2024(2) dt.19-06-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra P.S. case No. 92 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T