Mukesh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42478 of 2021 Arising Out of PS. Case No.-158 Year-2021 Thana- GHOSI District- Jehanabad ====================================================== Mukesh Bind Son of Feku Bind Resident of Village- Palanipar, P.S.- Ghosi in the District of Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2021 Heard both parties.

The petitioner seeks bail in Ghosi (Okari) P.S. Case No. 158 of 2021, registered for the offence punishable under Sections 341, 323, 302/34 of the Indian Penal Code. As per the prosecution case, on 29.03.2021 at about 9 am, co-villager Khusbu Devi came at the house of informant and said that co-accused Mukesh Bind (petitioner), Sonu Bind and Binay Bind are assaulting her husband. When the informant along with her family members reached there they saw that all the accused persons thrashed her husband badly. Informant brought her husband to home and called the doctor for treatment, but her husband already died.

It is submitted on behalf of the petitioner that informant is not eye-witness of the occurrence and the police

Patna High Court CR. MISC. No.42478 of 2021(2) dt.28-10-2021 2/2 after investigation also found the case to be true under Section 304/34 of the IPC. Moreover, the occurrence is said to have taken place on 29.03.2021, but the FIR was lodged on 30.03.2921. In fact, the deceased was in drunken condition and he died due to over drinking of liquor. Petitioner is in custody since 31.03.2021 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 the learned Chief Judicial Magistrate, Jehanabad in connection with Ghosi (Okari) P.S. Case No. 158 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T