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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76535 of 2024 Arising Out of PS. Case No.-221 Year-2024 Thana- CHHATAPUR District- Supaul ====================================================== Mukesh Kumar @ Mukesh Kumar Poddar S/O Ganesh Poddar R/O Dahariya Chakla, Ward No. 1, P.S. - Chhatapur And Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Verma, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-01-2025 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 140(1)/61(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The case of the prosecution is that the petitioner attempted to abduct the informant in his vehicle but he could not do the same as villagers arrived there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that from perusal of the case diary, it transpires that there is no eye witness to the occurrence and only allegation is that of attempt. It has also been submitted

Patna High Court CR. MISC. No.76535 of 2024(3) dt.23-01-2025 2/2 that though the vehicle belongs to the petitioner, his livelihood is based on this vehicle that is why he could not leave the vehicle and could not ran away rather the fact is that he was called for a ride and the informant and others compelled him to go wherever they want. It is further submitted that the petitioner is languishing in judicial custody since 11.07.2024.

5. Mr. Sanjay Kumar Pandey, 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 Chhatapur P.S. Case No. 221 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in Chhatapur.

(Ashok Kumar Pandey, J) Sudhanshu/- U T