Mukesh Kumar @ Mukesh Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71718 of 2022 Arising Out of PS. Case No.-38 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== 1.

MUKESH KUMAR @ MUKESH KUMAR SUMAN S/o Ravindra Ray R/o - Ward no. 08, Durga Mandir, Bardiha Turki, Bardiha, P.S.- Patepur, DisttVaishali at Hajipur 2.

Rakesh Kumar S/o Ravindra Ray R/o - Ward no. 08, Durga Mandir, Bardiha Turki, Bardiha, P.S.- Patepur, Distt- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325 and 307 of the Indian Penal Code. Learned counsel for the petitioners submits that earlier, by order dated 13.06.2022 in Cr. Misc. No. 36939 of 2021, the anticipatory bail of the petitioners was permitted to be withdrawn.

Learned counsel submits that he is aware of the law that under what circumstances, second anticipatory bail

Patna High Court CR. MISC. No.71718 of 2022(2) dt.21-12-2022 2/3 can be filed, it is next submitted that in view of the changed circumstances, the present anticipatory bail application has been filed.

It is next submitted that informant alleges that he along with his brother, Munna, were intercepted by ten accused persons including the petitioners and assaulted, further, petitioners caught him and Ratnesh assaulted by sword causing injury on his face and even his tooth broke, further, accused persons also took Rs. 7,000/- from his pocket, it is next submitted that Ratnesh who is said to have assaulted the informant has been granted anticipatory bail by order dated 29.04.2022 in Cr. Misc. No. 44344 of 2021 and the said fact, inadvertently, could not be brought to the notice of the Court when this matter was taken up on 13.06.2022.

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

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released

Patna High Court CR. MISC. No.71718 of 2022(2) dt.21-12-2022 3/3 on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patepur P.S. Case No. 38 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T