Patna High CourtCR. MISC./60987/2024dismissed

Mukesh Kumar v. The State Of Bihar

2024-12-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60987 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- DHANARUA District- Patna ====================================================== Mukesh Kumar Son of Sri Ram Krishna Sharma R/O Vill.- Neema, P.S.- Dhanarua, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mrs.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Dhanarua P.S. Case No. 185 of 2024 registered for the offences punishable under Sections 302, 120(B), 201 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the informant alleges that the petitioner, in conspiracy, has killed her husband.

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

Patna High Court CR. MISC. No.60987 of 2024(4) dt.05-12-2024 there is no eye-witness in the present case, only on the basis of suspicion the petitioner has been made accused in the present case. He fairly submits that processes under Section 82 of Cr.P.C. has been issued against the petitioner. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that specific overt act has been attributed against the petitioner.

6. Considering the facts and circumstances of case and the nature of the offence, though there is no eye-witness in the present case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) anand/- U T