Mukesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15585 of 2015 Arising Out of Kharagpur PS.Case No. -212 Year- 2014 Thana - KHARAGPUR District- MUNGER ======================================================

1. Mukesh Kumar Son of Shankar Yadav

2. Akshay Kumar Son of Shankar Yadav Both resident of West Aazimganj, P.s Haveli Kharagpur, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Manoj Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 10-07-2015 Pursuant to the order, dated 02.07.2015, bail petition of petitioner No.2, namely, Akshay Kumar, has already been withdrawn by learned counsel for the petitioner, as the petitioner No.2, has already been arrested by the police. This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner No.1, namely, Mukesh Kumar, in connection with Kharagpur Police Station Case No. 212 of 2014 under Section 147/148/149/ 323/307/384/386/427/452/397/380/325/354/504/506 of the Indian Penal Code.

Perused the above application, and materials on record including a copy of the order, dated 11.03.2015, passed, in A.B.A.

Patna High Court Cr.Misc. No.15585 of 2015 (3) dt.10-07-2015 No.154 of 2015, by the learned Sessions Judge, Munger, dismissing the said application for pre-arrest bail. Heard Mr. Kamal Kishore Jha, learned counsel for the petitioner No.1, and Mr. Manoj Kumar I, learned Additional Public Prosecutor, appearing on behalf of the State. Considering, the fact that co-accused, Bipin Khirhari and Guddu Kumar, have been granted the benefit of pre-arrest bail by a Bench of this Court by order, dated 06.02.2015, passed in Cr.Misc.No. 5090 of 2015, it is hereby, in the interest of justice, directed that the petitioner No.1 above-named shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs.

10,000/-, with two sureties of the like amount, subject to the satisfaction of the Officer-in-Charge, Kharagpur Police Station, Munger. This direction for bail is further subject to the condition that the petitioner No.1 above-named shall, within two weeks from today, appear before the Officer-in-Charge, Kharagpur Police Station, and make himself available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

Patna High Court Cr.Misc. No.15585 of 2015 (3) dt.10-07-2015 of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Kharagpur Police Station, District Munger. Send also a copy of this order, forthwith, to the Superintendent of Police, Munger, by fax.

(I. A. Ansari, J) A.I./- U