Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41733 of 2022 Arising Out of PS. Case No.-257 Year-2021 Thana- PARAIYA District- Gaya ====================================================== MUKESH KUMAR Son of Madhu Singh @ Madhusudan Singh Resident of Village - Parsawan, P.s.- Paraiya, Distt.- Gaya. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar Sinha For the Opposite Party/s :
Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Paraiya P.S. Case no. 257 of 2021 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 353, 332 of the Indian Penal Code.
As per allegation in the FIR, petitioner along with other co-accused persons have created hindrance by pelting stones to the police party in discharging them their official duty at Panchayat Election-2021 at Paraiya Block.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. General and omnibus allegations have been levelled
Patna High Court CR. MISC. No.41733 of 2022(2) dt.07-12-2022 2/2 against him. He was only the member of the mob. Injury received by the injured is simple in nature. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Paraiya P.S. Case no. 257/2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U