Mohan Kumar Mukul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53276 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

MOHAN KUMAR MUKUL SON OF KESHRINANDAN YADAV R/O VILLAGE- JITWARPUR, MUSAPUR, P.S.- MUFFASIL, DISTRICTSAMASTIPUR 2.

JAISHANKAR @ JAISHANKAR RAI @ PINTU YADAV SON OF RAMCHANDRA RAI R/O VILLAGE- JITWARPUR, MUSAPUR, P.S.- MUFFASIL, DISTRICT- SAMASTIPUR 3.

CHANDAN KUMAR @ RISHAV SON OF RAJDEV RAI R/O VILLAGEJITWARPUR, MUSAPUR, P.S.- MUFFASIL, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel at the outset seeks permission to withdraw anticipatory bail application with respect to petitioner no. 1 and 2.

Permission is accorded.

Accordingly, the prayer for anticipatory bail of the petitioner no. 1 and 2 stands dismissed as withdrawn. The petitioner no. 3 apprehends his arrest in a case registered for the offences punishable under Sections 447, 341,

Patna High Court CR. MISC. No.53276 of 2022(2) dt.16-11-2022 2/3 323, 385, 387, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleges that the petitioner demanded extortion of Rs. 1,00,0000/- as informant was constructing his boundary and in order to create fear also assaulted the labourers who fled and fired 50 rounds in the air. Learned counsel for the petitioner no. 3 submits that the petitioner no. 3 is a person with clean antecedent and has been falsely implicated in the present case and is a young boy of 25 years of age and in the event, if he is sent to judicial custody his entire career would get jeopardized and chances are bright that he may come in company of hardened criminals. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner no. 3.

Considering the submissions made by the learned counsel for the petitioner no. 3, the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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 trial court where the case is pending/successor court in connection with Samastipur P.S.

Patna High Court CR. MISC. No.53276 of 2022(2) dt.16-11-2022 3/3 Case No. 21 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

One of the bailor shall be the father of the petitioner Rajdev Rai.

(Satyavrat Verma, J) GauravSinha/- U T