Mukesh Kumar @ Mukesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17922 of 2023 Arising Out of PS. Case No.-305 Year-2022 Thana- DIGHA District- Patna ====================================================== Mukesh Kumar @ Mukesh Paswan S/O Late Ramchadra Ram @ Bhagat Jee Resident Of Digha Ghat Ward No. 1 Mani Ghat, Post Office Road Masjid Gali, P.S.-Digha, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmeshwar Vishwakarma For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms act.

As per prosecution case, the informant alleged that her husband along with this petitioner and co-accused persons came at her shop and due to family dispute fired upon her, due to which she sustained gunshot injury on her right thigh. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. There is no specific allegation of shot fire attributed against

Patna High Court CR. MISC. No.17922 of 2023(2) dt.12-05-2023 2/2 the petitioner rather general and omnibus allegation attributed against him. He has got no criminal antecedent. It is submitted that as per injury report which is annexed as Annexure-2 of this petition, where doctor opined injury simple in nature. It is further submitted that the petitioner is languishing in judicial custody since 15.11.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Digha P.S. Case No. 305 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-XIII-cum-ACJM-XIII, Patna.

(Sunil Kumar Panwar, J) Manishkumar/- U T