Mukesh Kumar @ Manjhala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11890 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Mukesh Kumar @ Manjhala Son of Bhikhari Pal Village pahepur PS Karpurigram District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shanker Singh, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Musrigharari P.S. Case No. 162 of 2023, lodged on 08.10.2023 under Sections 302, 120(B), 34 of the Indian Penal Code read with section 27 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against three named and 8-10 unknown accused persons. As per the FIR, the specific allegation has been made against two named accused persons namely Virju Sahni and Akhilesh Sahni against whom there is an allegation they have fired a gun shot on the informant's son and subsequently, during treatment, he died.

Patna High Court CR. MISC. No.11890 of 2024(3) dt.18-04-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is not named in the FIR and his name has been figured in this case during investigation when it was found that the named accused persons against whom there is a direct allegation are in contact with the present petitioner. Counsel further submits that there were allegation of two injuries made on the body of the deceased and post-mortem report supports that there were two injuries only.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is clean and he is in custody since 13.10.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that case diary has been called for and in the case diary, nothing direct has come against the petitioner, but this material has come that he was in contact with the other accused persons.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class,

Patna High Court CR. MISC. No.11890 of 2024(3) dt.18-04-2024 3/3 Samastipur in connection with Musrigharari P.S. Case No. 162 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T