Durjan Singh @ Mukesh Kumar Singh @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24662 of 2024 Arising Out of PS. Case No.-265 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Durjan Singh @ Mukesh Kumar Singh @ Mukesh Kumar S/o Narendra Singh R/o Ekwari, P.S.- Ekwari, District- Bhojpur ... Petitioner

Versus

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

For the Petitioner :

Mr.Rakesh Bihari Singh, Advocate For the Opposite Party :

Mr.Narendra Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 341/307/302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, on 220.10.2023 at about 01:30 pm the informant and his friends were moving the Balu Ghat at the bank of river Sone. In the meantime, all the FIR named accused persons including this petitioner, who ambushed there armed with rifle, gun and pistol, surrounded the informant and his friends. Butan Chaudhary shot the informant's friend Harshit Singh at his chest and below his waist. Harshit fell down and thereafter Deepak Pandey shot at right side above the waist of Harshit Singh. Kallu Rai shot at both the legs of Harshit Singh. Deepak Singh shot at Harshit Singh at back side of the waist. Sumit Chaudhary on instigation of Butan Chaudhary, shot at the thigh of the informant.

4. Learned counsel appearing for the petitioner submits that the petitioner can at best be said to be a member of mob and no specific overt act of firing has been alleged against him. Petitioner claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of

Patna High Court CR. MISC. No.24662 of 2024(2) dt.24-04-2024 2/2 arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 Chief Judicial Magistrate, Bhojpur at Ara in Chandi Police Station Case No. 265/2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T