Allowed¶19

Mukesh Kumar v. The State of Bihar

Patna HC24 Jun 2024CR. MISC./16814/2024

Case brief

AI extract

What is this about?

Anticipatory bail under Section 438 Cr.P.C. — alleged cheating/forgery/use of forged documents and common intention (Ss.419, 465, 466, 471, 34 IPC) over examination impersonation — Mukesh Kumar v. The State of Bihar — Gandhi Maidan P.S. Case No.681/2022, Patna — bail bond Rs.10,000 with two like sureties; surrender window of six weeks; conditions of Section 438(2) Cr.P.C. — Coram: Satyavrat Verma, J. — decided 24-06-2024 — Criminal Miscellaneous No.16814 of 2024, Patna High Court.

What did the court decide?

Anticipatory bail: petitioner to be released, on arrest or surrender within six weeks, on bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned trial court where Gandhi Maidan P.S. Case No.681/2022 is pending, subject to conditions under Section 438(2) Cr.P.C. ¶19

Mukesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Gandhi Maidan P.S. Case No.681/2022 for offences punishable under Sections 419, 465, 466, 471 and 34 IPC, is entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted: in the event of the petitioner's arrest or surrender before the Court below within six weeks, he is to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the trial court in connection with Gandhi Maidan P.S. Case No.681/2022, subject to the conditions laid down under Section 438(2) Cr.P.C.; the Court acted on the submissions of learned counsel and the fact that the petitioner is a student.

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Detailed headnote1 paragraphs

Anticipatory bail (Patna High Court, single Judge) — Offences punishable under Sections 419, 465, 466, 471 and 34 IPC arising out of Gandhi Maidan P.S. Case No.681/2022, Thana Gandhimaidan, District Patna — Counsel submitted that the petitioner, a student of clean antecedent, has been falsely implicated on the basis of the confessional statement of Anand Kumar alleging examination impersonation on the petitioner's behalf, and that judicial custody would jeopardise his career — Learned A.P.P. opposed the prayer — Held, allowing the application: in the event of arrest or surrender within six weeks, the petitioner to be released on anticipatory bail on bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the trial court, subject to the conditions laid down under Section 438(2) Cr.P.C. (Satyavrat Verma, J.)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16814 of 2024

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Arising Out of PS. Case No.-681 Year-2022 Thana- GANDHIMAIDAN District- Patna

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======================================================

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Mukesh Kumar S/o Ajab Lal Yadav R/o vill - Paharpur, Takiya Dih, P.S. - Khargpur, Distt. - Munger

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Ram Priya Sharan Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 24-06-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 419, 465, 466, 471 and 34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a student and has been falsely implicated in the instant case by the informant based on confessional statement of Anand Kumar, who alleged that he had gone to center for appearing in an examination on behalf of the petitioner. The learned counsel next submits that the entire career of the petitioner would be jeopardized if he is sent to judicial custody and chances are bright that he may come in contact with hardened criminals. It is further submitted that it

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Patna High Court CR. MISC. No.16814 of 2024(3) dt.24-06-2024 2/2

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is not the case of the prosecution that it was petitioner who had asked Anand Kumar to appear on his behalf.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a student, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gandhi Maidan P.S. Case No.681/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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amit/-

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U T

Mukesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mukesh Kumar v. The State of Bihar

Case brief

What is this about?

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