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Patna High CourtCR. MISC./29858/2024bail granted

Mukesh Ram v. The State Of Bihar

2024-10-26Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29858 of 2024 Arising Out of PS. Case No.-339 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== 1.

MUKESH RAM SON OF LATE RAMCHANDRA RAM R/O-TIRA JATAMALPUR, WARD NO. 13, P.S.-KALYANPUR, DISTT.- SAMASTIPUR 2.

PRAVEEN KUMAR SON OF MUKESH RAM R/O-TIRA JATAMALPUR, WARD NO. 13, P.S.-KALYANPUR, DISTT.-SAMASTIPUR 3.

PRINCE KUMAR @ SHIVAM KUMAR SON OF MUKESH RAM R/OTIRA JATAMALPUR, WARD NO. 13, P.S.-KALYANPUR, DISTT.- SAMASTIPUR 4.

PAWAN KUMAR SON OF MUKESH RAM R/O-TIRA JATAMALPUR, WARD NO. 13, P.S.-KALYANPUR, DISTT.-SAMASTIPUR 5.

CHHOTU KUMAR @ KRISHNA KUMAR SON OF MOHAN RAM R/OTIRA JATAMALPUR, WARD NO. 13, P.S.-KALYANPUR, DISTT.- SAMASTIPUR 6.

NIRMALA DEVI WIFE OF MUKESH RAM R/O-TIRA JATAMALPUR, WARD NO. 13, P.S.-KALYANPUR, DISTT.-SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioners :

Md Fazle Karim, Advocate For the State :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 354b, 307, 504, 379 and 506 of the Indian Penal Code.

3. As per prosecution case, allegation against these petitioners is of assaulting on the head of husband of informant by means of iron rod, as a result of which husband of informant

Patna High Court CR. MISC. No.29858 of 2024(4) dt.26-10-2024 2/3 became unconscious and fell on the ground.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners have falsely been implicated in this case. It is further submitted that though there is allegation of assault against these petitioners but doctor has found the injuries sustained by the injured to be simple in nature. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named are named in the F.I.R. and there is specific allegation of assault against them.

6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur, in connection with Kalyanpur P.S. Case No. 339 of 2023, subject to condition as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.29858 of 2024(4) dt.26-10-2024 3/3 Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T