Mukesh Kunda @ Mukesh Kora @ Mukesh Kumar Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68320 of 2022 Arising Out of PS. Case No.-181 Year-2012 Thana- JHAJHA District- Jamui ====================================================== MUKESH KUNDA @ MUKESH KORA @ MUKESH KUMAR KORA S/o Tulasi Kunda @ Tulasi Kora R/o Village- Belatarh, P.S.- Sono, Distt- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Kumar For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 365, 120(B) of the Indian Penal Code.

As per the prosecution case, the petitioner went to the house of the informant and stated that he is a contractor. He needs 50 labours for house construction and he will pay Rs.180 per day as labour wage and including overtime total Rs.500 per day. The informant agreed with the view of the petitioner and thereafter the informant alongwith others went to Kurla station near Kamari area. It is alleged that when the informant went to the village of the petitioner and demanded the wages of labour then the petitioner and his friends kidnapped the informant.

Patna High Court CR. MISC. No.68320 of 2022(3) dt.10-04-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. Chargesheet has been submitted under section 420, 365 and 120(B) of IPC and cognizance has been taken on 30.02.2020. He further submits that the petitioner is not a contractor rather he is a driver and the driving license of the petitioner is also enclosed as Annexure-2 of the bail application. He further submits that there is no allegation against the petitioner to tamper the witnessess. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of

Patna High Court CR. MISC. No.68320 of 2022(3) dt.10-04-2023 3/3 the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jhajha P.S. Case No.181 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T