Mukesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60159 of 2021 Arising Out of PS. Case No.-220 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Mukesh Bhagat S/O Nandlal Bhagat R/O Village-Majhauliya, P.S-Minapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2022 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 Minapur P.S. Case no. 220/20 instituted for the offence under Sections 399/402 of the Indian Penal Code and Sections 25(1-B)a/26/35 of the Arms Arms Act and sections 20/22 of NDPS Act. As per allegation in the FIR, on getting secret information about gathering of antisocial elements to hatch a conspiracy, police personnel proceeded towards the place of occurrence. On seeing the police party, accused persons started to escape but on chase coaccused Navneet Kumar Singh was apprehended who disclosed the name of the petitioner as of his associates.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Nothing has been recovered from the possession of the petitioner nor he was arrested on spot. The

Patna High Court CR. MISC. No.60159 of 2021(3) dt.11-07-2022 2/2 name of the petitioner has been disclosed in this case by apprehended co-accused, before the police, which has got no evidentiary value in the eye of law.

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 Minapur P.S. Case no. 220/20 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 Sessions Judge-Cum-Special Judge, Muzzafarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U