Mukesh Kumar Singh @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49389 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.
Mukesh Kumar Singh @ Mukesh Kumar S/O Surendra Singh R/O VillageMuzaffarpur, Ps. Barhi, Dist. Bhojpur 2.
Rajeev Ranjan Singh @ Ramu S/O Surendra Singh R/O VillageMuzaffarpur, Ps. Barhi, Dist. Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikash Kumar For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Learned counsel for the petitioner submits that the petitioner No. 1 has been arrested. Accordingly, he seeks permission to withdraw the present application.
3. Permission is accorded.
4. Accordingly, the present application of petitioner No. 1 is dismissed as withdrawn.
5. The petitioner is apprehending his arrest in connection with Ara Nawada P.S. Case No.99 of 2023 dated 13.02.2023 registered for the offences punishable under Sections 448, 341, 323, 307, 504 read with 34 of the Indian
Patna High Court CR. MISC. No.49389 of 2023(4) dt.21-12-2023 2/3 Penal Code.
6. As per the prosecution case, the petitioner and the co-accused persons came to house of the informant holding lathi, danda and iron rod and assaulted informant and others with an intent to kill causing head injuries to them and as a result they were admitted to hospital.
7. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is a case and counter case between both the parties. There is no specific allegation of assault against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
8. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
9. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur, Ara in connection with Ara Nawada P.S.
Patna High Court CR. MISC. No.49389 of 2023(4) dt.21-12-2023 3/3 Case No. 99 of 2023 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
10. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T