Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68879 of 2024 Arising Out of PS. Case No.-1077 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== Mukesh Kumar Son of Sri Uma Shankar Roy Resident of Mohalla - Bhagwat Nagar, PS- Agamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-01-2025

1. Heard learned counsel for the petitioner and Mr. Rabindra Kumar, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 120(B) of the Indian Penal Code as well as Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case. It is further submitted that similarly situated co-accused, namely, Sikandar Kumar @ Shukardhan along with three others had moved this Court seeking anticipatory bail by filing Cr. Misc. No. 23968 of 2024 and the same was allowed by an order dated 22.08.2024 with certain condition. It is next submitted that case of the petitioner is also similar to that of Sikandar Kumar @ Shukardhan and others. It is also submitted that while granting the privilege of

Patna High Court CR. MISC. No.68879 of 2024(2) dt.31-01-2025 2/3 anticipatory bail to Sikandar Kumar @ Shukardhan and others by order dated 22.08.2024, the Court had considered the case on merits and in detail.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner and also taking into consideration the order dated 22.08.2024 passed in Cr. Misc. No. 23968 of 2024, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Agamkuan P.S. Case No. 1077 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, if the investigating officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

Patna High Court CR. MISC. No.68879 of 2024(2) dt.31-01-2025 3/3

7. It is made clear that if the charge-sheet is submitted against the petitioner connecting him with the offence in that event the present anticipatory bail order shall lose its effect. (Satyavrat Verma, J) Kundan/- U T