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Patna High CourtCR. MISC./61925/2023allowed

Mukesh Kumar @ Mukesh Sao v. The State Of Bihar

2023-10-16Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61925 of 2023 Arising Out of PS. Case No.-398 Year-2023 Thana- PATLIPUTRA District- Patna ====================================================== Mukesh Kumar @ Mukesh Sao S/O Naresh Prasad R/O Village- Gaurichak, Khusrupur, Ps. Khusrupur, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Patliputra P.S. Case No.398 of 2023 instituted under Section 392 of the Indian Penal Code.

3. As per prosecution case, two unknown persons came on a motorcycle and a pillion rider snatched a chain made of gold from the daughter of the informant and fled away.

4. Learned counsel for the petitioner submits that there is no recovery from possession of the petitioner. Except the confessional statement of co-accused Chhotu Kumar, there is no material against the petitioner. He has falsely been implicated in this case. The petitioner is accused in two criminal cases. He is a businessman and he has no concern with the co-accused person.

Patna High Court CR. MISC. No.61925 of 2023(2) dt.16-10-2023 2/2

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Xth, Patna in connection with Patliputra P.S. Case No.398 of 2023 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T