Mukul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76480 of 2023 Arising Out of PS. Case No.-401 Year-2022 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== MUKUL KUMAR S/O NAGENDRA MAHTO R/O VILLAGE- PAKRI PARMANDPUR, P.S- SADAR, DISTT.- MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Heard the parties.

2. The petitioner apprehends his arrest in connection with Sadar P.S. Case No.401 of 2022, registered for the offence punishable under Sections 197, 198, 199, 200, 420 of the Indian Penal Code.

3. Allegedly, the petitioner is a named accused in Muzaffarpur Sadar P.S. Case No.274 of 2020, who was arrested by the police and sent to judicial custody, thereafter he filed regular bail before the learned ADJ, XIV, Muzaffarpur and he rejected the same. Thereafter, he filed Cr. Misc. No.40897 of 2021 before the Hon'ble High Court meanwhile, he filed B.P. MP.1979 of 2021 before this Court, but on oath he concealed the facts of filing the cases before this Court as well before Hon'ble High Court Patna, which is a criminal activity.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has

Patna High Court CR. MISC. No.76480 of 2023(2) dt.05-12-2023 2/2 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. He submits that the petitioner was in jail, his pairvikar did the above mentioned deeds, which facts are not known to him, when the instant case has been lodge then got to know about the same. There is no specific overt act against the petitioner. Petitioner has one criminal antecedent.

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

6. Having regard to the facts and circumstances of the case as this is not a fit case for grant of anticipatory bail, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day, in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T