Mukund Kumar Shukla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52475 of 2025 Arising Out of PS. Case No.-399 Year-2015 Thana- KANTI District- Muzaffarpur ====================================================== Mukund Kumar Shukla S/o- Sunil Kumar Shukla Village- Borwara PS- Karja Distt- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Kanti P.S. Case No. 399 of 2015 dated 28.08.2015, instituted for the offence punishable under Sections 392 of the Indian Penal Code.
3. The prosecution case, in short, is that when the informant was returning home from Muzaffarpur, three miscreants intercepted him on motorcycle and snatched his motorcycle bearing Registration No. BR06T8807 along with bag, purse, mobile phone on the point of gun.
4. Learned counsel for the petitioner submits that the
2/4 petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is not named in the F.I.R. During the course of investigation Kanti Police received an information from Belsar (OP) (Vaishali) that they have apprehended one criminal namely, Mukund Kumar Shukla (petitioner), who confessed his guilt before the police and also stated that he participated in the loot of the present case and further police have stated that the seized bike is looted property of Kanti P.S. Case No. 399 of 2015. Petitioner had no knowledge about his implication in the present case as till December 2023 his remand application was pending and suddenly when police arrested him in the present case then he came to know about his false implication in the present case.
It is next submitted that petitioner has not been put on T.I.P. till date. Except self confessional statement, there is no material against the petitioner to implicate him in the present case. Lastly, it has been submitted that the petitioner is in custody since 14.05.2025, he has two criminal cases against him and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of
3/4 the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st, West Muzaffarpur in Kanti P.S. Case No. 399 of 2015, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area
4/4 alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in this case. (Khatim Reza, J) Sankalp/- U T