Patna High CourtCR. MISC./40305/2024bail granted

Dinesh Mukhiya @ Aadesh Mukhiya v. The State Of Bihar

2024-08-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40305 of 2024 Arising Out of PS. Case No.-749 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Dinesh Mukhiya @ Aadesh Mukhiya Son of Late Mahendra Mukhiya Resident of Village- Jaukatiya Bin Toli, P.S- Majhaulia, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Ms. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Majhaulia P. S. Case No. 749 of 2023 in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 354(B), 504/34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner caused farsa injury on the head of father of the informant. Doctor has found grievous injury.

4. Learned counsel for the petitioner submits that due to land dispute, a free fight took place between the parties in which both sides sustained injuries. There is no allegation of repetition of blow against the petitioner. Case and counter case.

Patna High Court CR. MISC. No.40305 of 2024(2) dt.23-08-2024 2/2 Petitioner is in custody since 31.03.2024. Charge-sheet has already been submitted. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the fact that there is no repetition of blow, clean antecedent and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P. S. Case No. 749 of 2023.

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