Mukesh Kumar @ Mukesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33736 of 2021 Arising Out of PS. Case No.-598 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== MUKESH KUMAR @ MUKESH KUMAR RAI S/o Late Kopil Rai Resident of Village- Chhota Telpa, Police Line, P.S.- Chapra Town, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Adv.

For the Opposite Party/s :

APP For the Informant :

Mr. Chandra Mohan Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-03-2022 Heard Mr. Rajeev Kumar, learned counsel for the petitioner, learned Additional Public Prosecutor for the State and Mr. Chandra Mohan Jha, learned counsel appearing for informant.

Petitioner seeks regular bail in connection with Chapra Town PS Case No. 598/2020 registered for the offence punishable under Sections 341, 323, 324, 307, 504/34 of the IPC.

As per First Information Report, the petitioner allegedly, fired upon the informant due to which he sustained bullet injury on his back.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to land dispute and both the parties are co-sharers. He further submits

Patna High Court CR. MISC. No.33736 of 2021(4) dt.07-03-2022 2/3 that there is a case and counter case inasmuch as Chapra Town PS Case No. 588/2020 has been lodged against the informant and other in which the petitioner has sustained injury and the FIR lodged by the petitioner is prior in time. Learned counsel next submits that during course of investigation, no injury report has been collected by the police from the hospital and according to the petitioner the informant has not sustained any fire arm injury and he has falsely been implicated in this case on the basis of concocted story.

On the other hand, learned counsel appearing for the informant and State opposed the prayer for bail of the petitioner and submit that petitioner was admitted in the private hospital and injury report issued by the private hospital is there in which the doctor of private hospital has opined that the informant has sustained grievous bullet injury.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the police has not procured any injury report from the government hospital uptil now and the injury report of the private hospital has also not been taken into consideration during course of investigation, the petitioner is in custody since 22.01.2021 and there is case and counter case between both the

Patna High Court CR. MISC. No.33736 of 2021(4) dt.07-03-2022 3/3 parties, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, MUKESH KUMAR @ MUKESH KUMAR RAI be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town PS Case No. 598/2020.

(Anil Kumar Sinha, J) perwez U T