Mukesh Yadav @ Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75282 of 2022 Arising Out of PS. Case No.-736 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Mukesh Yadav @ Suman Kumar Son Of Late Arjun Yadav R/O Vill.- Bahadurpur Nagar Diara, P.S.- Muffasil, Distt.- Munger 2.

Ranjeet Yadav Son Of Shibu Yadav @ Shiv Yadav R/O Vill.- Bishanpur, P.S.- Begusarai (NAGAR), Distt.- Begusarai ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 364, 302, 488, 504 & 506 of the Indian Penal Code. The petitioners along with other co-accused are said to have entered into the house of the informant, abused and kidnapped her daughter.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the postmortem report does not support the prosecution case. It is

Patna High Court CR. MISC. No.75282 of 2022(2) dt.05-04-2023 2/2 also submitted that the present case is counter-blast of Khagaria (Gangaur) P.S. Case No.733 of 2020 filed by one Saroj Devi against the prosecution party. Similarly situated co-accused, namely, Kapil Dev Yadav @ Kapildev Yadav and others have been enlarged on bail by this court vide order dated 03.03.2022 passed in Cr. Misc. No. 35407 of 2021. Petitioner no.1 has no criminal antecedent, whereas petitioner no.2 has one criminal antecedent, as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Khagaria (Gangaur) P.S. Case No.736 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.