Mukul Shukla @ Nantun @ Mukund Kumar Shukla@ Mukund Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5095 of 2020 Arising Out of PS. Case No.-691 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Mukul Shukla @ Nantun @ Mukund Kumar Shukla @ Mukund Shukla Son of Sunil Kumar Shukla Resident of Village- Borbara, P.S.- Karza, DisttMuzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Singh, Adv.

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Mr .Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-03-2020 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Muzaffarpur Sadar P.S. Case No. 691 of 2018 registered for the offences punishable under Sections 341, 323, 307, 386/34 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, petitioner assaulted the informant by means of butt of pistol causing head injury to him and also snatched Rs. 1,50,000/- from the informant.

Patna High Court CR. MISC. No.5095 of 2020(2) dt.03-03-2020 2/3 Submission on behalf of the petitioner is that the informant lodged this false case against the petitioner due to land dispute which is admitted in the written report itself. He further submits that injury report of informant goes to show that he sustained simple injury on his head but it is surprisingly enough that concerned doctor kept the informant in hospital for long period. He further submits that as a matter of fact, the concerned doctor wrongly mentioned in the injury report of informant that he remained in hospital from 10.09.2018 to 04.10.2018.

Perusal of Annexure-2 to the supplementary affidavit goes to show that informant sustained lacerated wound scalp 11⁄2" x 1⁄2" muscle deep and pain on left side but I am unable to understand as to why the informant remained in hospital for such a long period. Moreover, petitioner does not have any criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.5095 of 2020(2) dt.03-03-2020 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in Muzaffarpur Sadar P.S. Case No. 691 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T