Patna High CourtCR. MISC./61162/2023allowed

Mukesh Pathak v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61162 of 2023 Arising Out of PS. Case No.-419 Year-2018 Thana- MEHSI District- East Champaran ====================================================== Mukesh Pathak Son Of Late Lalan Pathak Village- Maruawad Ps- Mehasi Dist- E.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Sheela Pandey For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of Arms Act and Sections 4, 5 and 6 of the Explosive Substance Act.

3. It is a case of preparation for committing Dacoity and killing the Ex. Chairman of Chakia Nagar. On the basis of information, police team reached at that place and arrested some of the accused persons and from their possession, one country made pistol along with some live cartridges was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.61162 of 2023(2) dt.15-09-2023 2/2 falsely been implicated in this case due to his previous criminal antecedent. The petitioner is not named in FIR rather his name came into light in this case during the course of investigation. Nothing has been recovered from the conscious possession of the petitioner. He has no concern with the seized incriminating article. Moreover, he is languishing in judicial custody since 01.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mehsi P.S. Case No. 419 of 2018 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., East Champaran, Motihari.

(Sunil Kumar Panwar, J) shubham/- U T