Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43836 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ======================================================

1. Mukesh Kumar Son of Shivji Bhagat, Resident of village- Adharpur, P.S. Samastipur (Muffassil), District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Dr.Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 392/411 of the Indian Penal Code.

The allegation is that four persons surrounded the informant and his associates at night and on the point of knife robbed cash and other belongings like mobile. A co-accused was apprehended. He took the names of Munna Kumar, Sonu Kumar and Rakesh Kumar as other associates.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.43836 of 2015 (2) dt.15-10-2015 admittedly there were four accused persons and apprehended accused Manjay Kumar did not give his name as co-associate. He submits that the petitioner has been subsequently roped in the present case in course of investigation at the instance of Rakesh Kumar.

I find that it is specific case of the informant that four accused persons robbed the informant. Apprehended accused Manjay Kumar has already taken the names of three persons. As such involvement of the petitioner as a fifth person has become doubtful.

Considering the aforesaid facts and circumstances of the case, the above named petitioner, in the event of arrest or surrender of the petitioner in the court below within four weeks from the date of receipt/production of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with N.H. Bangra P.S. Case No. 17 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Samarendra Pratap Singh, J) Amin/- U

Patna High Court Cr.Misc. No.43836 of 2015 (2) dt.15-10-2015