Patna High CourtCR. MISC./50555/2024bail granted

Mukul Kumar v. The State Of Bihar

2024-08-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50555 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- NTPC District- Patna ====================================================== Mukul Kumar Son of Ramkalesh Singh Resident of Village - Parsawan, P.S.- Pandarak, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 414 of the Indian Penal Code.

3. As per prosecution case, on 16.04.2024, during night patrol, one tempo loaded with electric aluminum wire and motorcycle of this petitioner were seized near Parsawan Chowara Tiraha. It is further alleged that 3-4 persons fled away leaving the motorcycle behind.

4. Learned counsel for the petitioner submits that petitioner is neither driver nor owner of the tempo from which stolen article has been recovered. No incriminating material has been recovered from conscious possession of the petitioner or from his motorcycle. Petitioner has been made accused in this

Patna High Court CR. MISC. No.50555 of 2024(2) dt.20-08-2024 2/2 case merely on the ground that his motorcycle was parked near the tempo in question. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Barh, Patna in connection with NTPC P. S. Case No. 55 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T