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Patna High CourtCR. MISC./27209/2023bail granted

Amarjeet Mukhiya v. The State Of Bihar

2023-08-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27209 of 2023 Arising Out of PS. Case No.-200 Year-2022 Thana- BIHRA District- Saharsa ====================================================== AMARJEET MUKHIYA S/o- SHANKAR MUKHIYA Village- Purikh PsBihra Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of Arms Act.

3. According to the FIR, allegation against the petitioner is that he shot fire upon the son of the informant namely, Sagar Kumar which hit on his left leg and he fell down. Thereafter the present FIR has been lodged.

4. 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 dirty village politics. It is further submitted that the injury report of the injured does

Patna High Court CR. MISC. No.27209 of 2023(3) dt.02-08-2023 2/2 not in-consonance with the prosecution as the doctor opined that injury is grievous in nature caused by hard and blunt substance whereas, the allegation has been made against the petitioner is of firing upon informant's son. The petitioner has got no criminal antecedent as stated in para-3 of the petition and he is languishing in judicial custody since 8.10.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Bihra P.S. Case No. 200 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 Additional District & Sessions Judge-VII, Saharsa. (Sunil Kumar Panwar, J) Amandeep/- U T