Patna High CourtCR. MISC./74776/2023bail granted

Mukka @ Mukesh Kumar v. The State Of Bihar

2023-12-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74776 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Mukka @ Mukesh Kumar Son Of Karu Mahto Resident Of Village - Panchi, P.S.- Shekhopur Saray, District - Sheikhpura, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Nayan, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Shekhopur Saray P.S. Case No. 136 of 2022 dated 17.08.2022 registered for the offence/s punishable u/ss 419, 420, 467, 468, 471, 406 and 120B read with section 34 of the Indian Penal Code.

4. As per the prosecution case, police got a secret informant that some miscreants have assembled near Shailes Sthan in the village: Panchi, District- Sheikhpura, who are

Patna High Court CR. MISC. No.74776 of 2023(2) dt.07-12-2023 2/3 involved in cyber crime and collect money from the people by alluring them in the name of providing dealership of Himalaya Company and securing loan from Bajaj Finance. Police proceeded towards the place of occurrence to verify the information and upon seeing the police party, about 30-40 persons started fleeing away, however, police arrested three persons namely, Balo Mahto @ Bablu Kumar, Kaliya Mahto @ Raju Prasad and Sandeep Kumar. The arrested co-accused Balo Mahto @ Bablu Kumar disclosed the name of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused Balo Mahto. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted anticipatory bail by the co-ordinate bench vide order dated 16.05.2023 passed in Cr. Misc. No. 2455 of 2023. The petitioner is also accused in one more criminal case as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.74776 of 2023(2) dt.07-12-2023 3/3 of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sheikhpura in connection with Shekhopur Saray P.S. Case No. 136 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T