Muksa Kumar @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46924 of 2015 Arising Out of PS.Case No. -83 Year- 2014 Thana -MEDANICHOWK District- LAKHISARAI ====================================================== Muksa Kumar @ Mukesh Kumar Son of Bino Mahto alias Bino Resident of Village - Khaba (Chandra Tola), P.S.-Medani Chauki, Dist.-Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. A.K. Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Medani Chowki P.S. Case No. 83 of 2014 registered under Sections 307/34 of the I.P.C. pending in the Court of C.J.M., Lakhisarai.

The allegation is that informant was approached by his co-villager Karmbir and other known to the informant by face for vehicle on hire. The informant proceeded with them with vehicle. In the way, both closed the mouth of informant and started to cause assault through knife and in the next morning, informant was boarded on the tempo by Suresh Mahto and brought to the clinic for treatment.

Patna High Court Cr.Misc. No.46924 of 2015 (3) dt.27-01-2016 2/2 Learned counsel appearing on behalf of the petitioner submits that in the F.I.R., the informant only named one accused Karmbir saying that other was also his villager but he did not know the name, while he acquainted with the petitioner. As such, petitioner has not been named in the F.I.R. Moreover, five injuries are found on the person of the injured and only one injury grievous in nature was found.

Having considered the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the application for anticipatory bail is rejected. The petitioner is directed to surrender before the Court below within a period of four weeks and pray for regular bail, which shall be decided on its own merit without being prejudiced by the present order.

(Rajendra Kumar Mishra, J) Shail/- U T