Mukesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35135 of 2023 Arising Out of PS. Case No.-578 Year-2022 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== MUKESH BHAGAT Son of Bhola Bhagat Resident of village - Purani Bazar, Simri Bakhtiarpur, P.S. - Bakhtiyarpur, Distt. - Saharsa ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 354, 379, 504, 506/34 IPC. 3.

Allegedly, the petitioner assaulted the son of the informant by means of sharp edged farsa on his head with intention to kill him.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injury. The

Patna High Court CR. MISC. No.35135 of 2023(2) dt.27-07-2023 2/2 allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the injury of the son of the informant was found simple in nature, which is clear from the impugned order. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bakhtiyarpur P.S. Case No.578/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T