Patna High CourtCR. MISC./41297/2021bail granted

Mukesh Kumar@ Mukesh Sah v. The State Of Bihar

2022-01-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41297 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- CHANDRAMANDI District- Jamui ====================================================== Mukesh Kumar@ Mukesh Sah Son of Srikant Sah Resident of village - Ambakola, P.S.- Chandramandi, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Chandramandi P.S. Case No. 58 of 2020, disclosing offence punishable under Sections 147, 148, 149, 323, 447, 354, 326, 307, 504 of the Indian Penal Code.

The petitioner is in custody since 15.04.2021. There are nine persons named in the F.I.R., who are said to have assaulted the informant and his wife.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.41297 of 2021(3) dt.06-01-2022 2/2 has submitted that the allegation against the petitioner is of having given blow with Khanti in the head of the wife of the informant. He contends that for the alleged occurrence said to have taken place on 19.05.2020, the F.I.R. came to be registered four days thereafter on 23.05.2020, without any explanation for belated registration of F.I.R..

On perusal of the F.I.R., it seems that there was certain dispute arising out of fencing of a piece of land, between the parties which had led to the occurrence. The petitioner is in custody since 15.04.2021. There is no explanation in the F.I.R. for its belated registration.

Considering the facts and circumstances as noted above, this application is allowed.

Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount, each to the satisfaction of learned A.C.J.M. 4th , Jamui in Chandramandi P.S. Case No. 58 of 2020.

(Chakradhari Sharan Singh, J) K.K.RAO/- U T