Mukesh Kumar @ Mukesh Tiger @ Mukesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.37434 of 2014 (2) dt.25-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37434 of 2014 Arising Out of PS.Case No. -82 Year- 2014 Thana -CHANDAULI District- GAYA ====================================================== Mukesh Kumar @ Mukesh Tiger @ Mukesh Yadav son of Naresh Yadav, resident of village-Habibpur, Police Station- Chandauti, District-Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate. For the Opposite Party/s : Mr. M.Rab (A.P.P.), Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-03-2015 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with Chandauti P.S. Case No. 82 of 2014 seeks the privilege of pre-arrest bail registered under Sections 147, 148, 149, 323, 324, 304 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner opens fire which hit the head of the father of the informant.

Submission is that no fire-arm injury has been found . This case is the counter blast of Chandauti P.S. Case No. 83/2014 . The Doctor has found only one injury which is lacerated wound on left eyebrow 11⁄2"x1"x1/4", which is simple in nature caused by hard and rough substance vide Annexure-3.

The learned A.P.P. opposes the prayer of pre-arrest bail.

Considering the injury found on the person of the father of the informant which is not caused by fire-arm and as

Patna High Court Cr.Misc. No.37434 of 2014 (2) dt.25-03-2015 such the above named, petitioner in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No.-82 of 2014, subject to the conditions as laid down in Section 438 (2) of the Cr. P.C.

(Jitendra Mohan Sharma, J.) Kamlesh U T