Mukul Kumar @ Mukul Kumar Singh v. the State of Bihar
Case brief
What is this about?
Anticipatory bail, Section 438(2) CrPC, Patna High Court, Rajiv Roy J, Crl. Misc. No.27422 of 2024, decided 21-05-2024. Petitioners Mukul Kumar @ Mukul Kumar Singh and Shalu Kumar apprehended arrest in Desari (OP Sahdei) PS Case No. 279 of 2023, Vaishali district, FIR dated 07.08.2023 by informant Rekha Devi under Sections 448, 341, 323, 354, 379, 504, 506 and 34 IPC (house trespass, wrongful restraint, hurt, outraging modesty, theft, intentional insult, criminal intimidation, common intention). Allegations primarily against co-accused Sunny Kumar and Shivshanker Singh; petitioners implicated as family members. Bail granted: no criminal antecedents, no overt act attributed; bond Rs. 10,000 each with two like sureties before ACJM Vaishali; conditions include family-member bailor, attendance on all trial dates, no witness tampering, no further offences.
What did the court decide?
Anticipatory bail: petitioners to be released on bail upon arrest or surrender within four weeks, on furnishing a bail bond of Rs. 10,000/- each with two sureties of like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Vaishali, subject to Section 438(2) Cr.P.C. conditions, including (i) one bailor being a family member providing official proof of bona fides, (ii) attendance on every trial date with failure on two consecutive dates without plausible reason entailing cancellation by the Trial Court, (iii) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may seek cancellation of bail bonds, and (iv) desisting from further criminal offences.