Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77623 of 2023 Arising Out of PS. Case No.-559 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Mukesh Kumar S/O Bhola Prasad R/O Village- Ahwahar Shaikh, Chudiharwa Tola, P.S- Majhaulia, Dist.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-01-2024 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 connection with Majhauliya P.S. Case No. 559 of 2023 dated 06.07.2023 registered for the offences punishable under Sections 341, 323, 379 and 506 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused person are alleged to have stopped the motorcycle of the informant and started demanding Rs. 2,000/-. In the meantime, the petitioner and the co-accused persons took away

Patna High Court CR. MISC. No.77623 of 2023(2) dt.11-01-2024 2/2 Rs. 5,000/- from the informant's pocket on the point of knife. Further, they assaulted him and took away the informant's motorcycle.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. No incriminating article has been recovered from the possession of the petitioner.

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

7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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, Bettiah, West Champaranin connection with Majhauliya P.S. Case No. 559 of 2023, 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) atul/- U T