Mukesh Kumar @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT

PATNA CRIMINAL MISCELLANEOUS No.17515 of 2022 Arising Out of PS. Case No.-365 Year-2021 Thana- GRIYAK District- Nalanda ====================================================== 1.

MUKESH KUMAR @ MANISH KUMAR Son of Baijnath Mahto Residnet of Village - Sakchisarai, P.S.- Giriyak, District - Nalanda at Biharsharif. 2.

Lalan Kumar Son of Ajay Prasad @ Joua Residnet of Village - Sakchisarai, P.S.- Giriyak, District - Nalanda at Biharsharif. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Informant :

Mr.Umesh Kumar Verma For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2022 At the outset, learned counsel for the petitioner seeks permission to withdraw the pre-arrest bail petition with respect to petitioner No. 1.

Permission is granted.

Pre-arrest bail petition with respect to petitioner No. 1 is dismissed as withdrawn.

Heard learned counsel for petitioner No. 2, informant and the State.

Petitioner No. 2 apprehends arrest in a case registered for the offence punishable under Sections 323/34 and other allied sections of Indian Penal Code.

As per prosecution case, Lalan Kumar along with others assaulted Ramchandra Mahto in his stomach with iron rod thereby causing simple injury.

Patna High Court CR. MISC. No.17515 of 2022(4) dt.09-11-2022 2/2 Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the alleged occurrence took place due to dispute with respect to drainage of water in which the informant sustained simple injury. Petitioner has got clean antecedent.

Learned counsel for the informant vehemently opposes the bail application.

Considering the backdrop of the occurrence and nature of injury, let the above named petitioner in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Nalanda at Biharsharif in Giriyak (Pawapuri) P. S. Case No. 365 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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