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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52723 of 2022 Arising Out of PS. Case No.-161 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== MUKESH KUMAR SINGH @ MUKESH KUMAR SON OF UGANDEV SINGH R/O VILLAGE - PANSALLA, P.S.- BEGUSARAI MUFFASIL (LAKHO O.P.), DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is apprehending arrest in connection with Begusarai Muffasil (Lakho O.P.) P.S. Case No. 161 of 2017 under sections 341, 323, 342, 307, 379, 504/34 of the Indian Penal Code.

As per the prosecution story, it is alleged that the accused persons came to the informant's place and upon instigation of Ugandeo Singh, Mukesh Singh (petitioner) pointed pistol on his head and Shambhu Kumar put a scarf around his neck and started pulling. He was saved by his family members and in between Rs. 2000/- was also snatched. Learned counsel for the petitioner submits that there is case and counter case. Further, although exaggerated

Patna High Court CR. MISC. No.52723 of 2022(2) dt.13-01-2023 2/2 allegations is/are there, no injury has been assigned and only to put pressure on the petitioner's side, this FIR was lodged. Further delay in approaching the Court because there was no threat from the police side as they were about to submit final form earlier.

Learned APP opposes the prayer.

Taking into account the aforesaid fact there is no injury, the petitioner do not have any criminal antecedent and ultimately he has to face the trial, this Court is inclined to grant him relief.

Let the petitioner be released on bail, in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Muffasil (Lakho O.P.) P.S. Case No. 161 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Ravi/- U T