Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39766 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== MUKESH KUMAR Son of Subodh Prasad Resident of Village-Alisarai, Ward No.18, P.S.-Sakra, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sakra P.S. Case No.145 of 2019 registered under Sections 307, 399 and 402 of the Indian Penal Code besides Sections 26, 27 and 35 of the Arms Act.

The accusation is that on receiving secret information about gathering of the miscreants with two motorcycles near Ram Janki Mandir in village-Alisarai, the informant along with other police personnel proceeded for there. In the way, two persons on one motorcycle and one person on another motorcycle were seen. On seeing the police party, they started to flee away. While they were chased but succeeded to flee

Patna High Court CR. MISC. No.39766 of 2019(2) dt.28-06-2019 2/3 away. In presence of Amardeep Kumar and Ramesh Kumar, one empty cartridge was recovered from there. Amardeep Kumar and Ramesh Kumar as well as others, who were present on the spot, disclosed the name of the petitioner and two others, who succeeded to flee away.

Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot rather his name has been disclosed by Amardeep Kumar and Ramesh Kumar as well as others, who were present on the spot. In fact, at the brick kiln of Amardeep Kumar, the father of the petitioner used to do the work of Munshi and on repeated requests, Amardeep Kumar did not pay the wages of the father of the petitioner, due to that reason, there was dispute and, hence, the name of the petitioner has been disclosed by Amardeep Kumar and others. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-cum-Sub Judge-XIII, Muzaffarpur, in connection

Patna High Court CR. MISC. No.39766 of 2019(2) dt.28-06-2019 3/3 with Sakra P.S. Case No.145 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T