Patna High CourtCR. MISC./16396/2016bail granted

Mukesh Patel v. The State Of Bihar

2016-04-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16396 of 2016 Arising Out of PS.Case No. -376 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mukesh Patel Son of Lalan Patel R/o Village Bahadurpur Kurmi Tola, P.S. Govindganj, District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. R.N.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under sections 144, 447, 341, 323, 324, 307, 379 and 342 of the Indian Penal Code.

The petitioner is in jail custody since 18.12.2015. There is allegation against the petitioner that he gave pharsa blow causing grievous injury to the informant as a result of which the informant lost his fluency of speech.

Submission on behalf of the petitioner is that the informant has not received any pharsa injury rather, in fact, the informant on the alleged date of occurrence was creating nuisance

Patna High Court Cr.Misc. No.16396 of 2016 (2) dt.22-04-2016 in drunken condition and when the family members forbade him from doing so, the informant fell down and sustained injury on his head. Moreover, the investigation against the petitioner has already been completed and the petitioner does not have any criminal antecedent.

Considering the aforesaid facts and circumstances of the case and the submissions of the parties, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Govindganj (Areraj O.P.) P.S. Case No. 376 of 2015.

(Hemant Kumar Srivastava, J) Amin/- U