Patna High CourtCR. MISC./44897/2024bail granted

Mukesh Kumar v. The State Of Bihar

2024-07-23Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44897 of 2024 Arising Out of PS. Case No.-439 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Mukesh Kumar SON OF SHRI ARJUN GOP VILLAGE- GANIPAR, PSHARNAUT (OP- GOKULPUR), DIST- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Gupta For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Harnaut P.S. Case No. 439 of 2023 for the offences punishable under Sections 341, 323, 387 and 34 of the Indian Penal Code and 27 of the Arms Act.

3. Prosecution case, in short, is that while one Yogendra Sah demanded money as cost of the cigarette taken by the accused persons, they started abusing and assaulting him. Firing is also said to have been made in the occurrence.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact, no such occurrence as alleged in the FIR, has taken place. None has suffered any kind of injury.

Patna High Court CR. MISC. No.44897 of 2024(2) dt.23-07-2024 2/2 He has further submitted that the petitioner is under custody since 05.04.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that some cases are pending against the petitioner. The allegation against the petitioner is trivial in nature.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda in connection with Harnaut P.S. Case No. 439 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T