Krishna Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39926 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== Krishna Mushar Son of Wakil Mushar, Resident of village - Purav Mohalla (Mushar Toli), ward no. 18, Jagdishpur, P.S. - Jagdispur, Distt. - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-07-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 107 of 2023 dated 18.03.2023 registered for the offences punishable under Sections 147, 148, 149, 323, 341, 337, 338, 302 and 307 of Indian Penal Code. 3.

The main submissions advanced by learned counsel for petitioner are that altogether 14 persons including this petitioner have been named as accused in the FIR and against the petitioner there is no specific allegation and as per the prosecution story, the informant demanded 'khaini' from the daughter of one Wakil Mushar, which is said to be the genesis of the occurrence and the same also shows that the alleged occurrence was not committed in a planned manner and the

Patna High Court CR. MISC. No.39926 of 2023(2) dt.17-07-2023 2/2 same took place in the spur of the moment. Further submissions are that the petitioner has fair and clean antecedent and he has been languishing in jail since 20.03.2023 and against him the investigation has been completed and there is a case and counter-case in-between both the parties and the allegation concerned to the petitioner is general and omnibus. 4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the genesis of occurrence and also the facts that the petitioner is a young person and against him there is no specific allegation in the FIR and he has fair and clean antecedent, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above 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 concerned Court in connection with Jagdishpur P.S. Case No. 107 of 2023.

(Shailendra Singh, J) Shahnawaz/- U T