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Patna High CourtCR. MISC./53932/2023allowed

Mukesh Prasad @ Mukesh Prasad Singh v. The State Of Bihar

2023-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53932 of 2023 Arising Out of PS. Case No.-63 Year-2021 Thana- AUANGARI District- Nalanda ====================================================== Mukesh Prasad @ Mukesh Prasad Singh Son Of Late Ishwar Prasad Resident Of Village- Aungari Ps-Aungari Dist -NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he along with other accused persons has committed murder of the brother of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that after completion of the investigation the police has submitted final form against the petitioner, but the learned Court Below

Patna High Court CR. MISC. No.53932 of 2023(2) dt.31-08-2023 2/2 differed the final form and took cognizance against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Aungari P.S. Case No. 63 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T