Mukesh Kumar @ Mukesh Kapar @ Mukesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(From The Official Chambers Via Video Conferencing) CRIMINAL MISCELLANEOUS No.16911 of 2021 Arising Out of PS. Case No.-431 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== 1.

MUKESH KUMAR @ MUKESH KAPAR @ MUKESH SAHANI Son of Amarjeet Kapar R/o Village- Gunai Bashi, P.S.- Tajpur, District- Samastipur. 2.

Hansraj Kapar Son of - Late Tulla Kapar R/o Village- Gunai Bashi, P.S.- Tajpur, District- Samastipur.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-01-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in connection with Tajpur P.S. Case No. 431 of 2020, registered for the offences punishable under Sections 143, 341, 323, 324, 307, 504, 506 of the Indian Penal Code.

As per allegation, petitioner No. 1 Mukesh Kumar @ Mukesh Kapar and Kadam Sahni both in drunken condition

Patna High Court CR. MISC. No.16911 of 2021(2) dt.19-01-2022 2/3 were quarreling in front of the house of the informant. When the informant prohibited them they both assaulted him. Thereafter, in the evening at about 7.30 pm, when the informant was sitting at the door of ex-mukhiya Chaudhary Shani, the accused persons came there. The allegation against both the petitioners is that they assaulted Ranjeet Sahni with rod.

Learned counsel for the petitioners has submitted that both the parties are next door neighbours. He has also submitted that both parties gathered at the house of ex-mukhiya for the settlement of their disputes, where injured Ranjeet Sahni who is a notorious criminal started abusing and scuffle has taken between both the parties. Both sides are injured. He has also submitted that the injuries sustained by the injured Ranjeet Sahni, are simple in nature as has been quoted in the order of learned Additional District and Sessions Judge, 9th, Samastipur. Considering the above-mentioned facts and circumstances, let the petitioners be released on anticipatory bail in the event of their arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Ist, Samastipur in connection with Tajpur P.S. Case No. 431 of 2020, subject to the

Patna High Court CR. MISC. No.16911 of 2021(2) dt.19-01-2022 3/3 conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T