Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51212 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Mukesh Kumar Son of Late Devendra Prasad @ Devendra Prasad Yadav R/O- MEDICAL ROAD, P.S.- MAGADH MEDICAL, CHANDAUTI, GAYA BIHAR, PIN-823001 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shweta Anand, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2024
1. Heard learned counsel for the petitioner and Mr. Chandra Bhushan Prasad learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 379 and 506/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that Gautam Toofan and petitioner came on a motorcycle and fired but missed. Thereafter, they assaulted by butt of pistol causing injury on the head of the informant and when his wife came to save him she was also assaulted by mother of Gautam Toofan and Gautam Toofan. Further, the accused also snatched Mangalsutra of the wife of the informant and took away Rs.5 lakhs.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case on account
Patna High Court CR. MISC. No.51212 of 2024(2) dt.08-08-2024 2/2 of dispute relating to property. It is further submitted that informant is step-brother of the petitioner but then this fact has been concealed in the FIR. It is next submitted that no doubt, the injured suffered three injures but then all the injuries are simple in nature and the blow was not repeated and there is a delay of three days in instituting the FIR.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Magadh Medical P.S. Case No. 43 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T