Patna High CourtCR. MISC./41281/2023bail granted

Rakesh Mukhiya @ Rakesh Kumar Mukhiya v. The State Of Bihar

2023-07-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41281 of 2023 Arising Out of PS. Case No.-170 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== RAKESH MUKHIYA @ RAKESH KUMAR MUKHIYA Son of Sudin Mukhiya Resident of village-Lakshminiya, P.S.-Kusheshwar Asthan, DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-07-2023

1. Heard learned counsel for petitioner and learned Additional Public Prosecutor and the learned counsel for the informant Sri Saurav Bariar

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. This application is filed for grant of regular bail in connection with Kusheshwar Asthan (Tilkeshwar O.P) P.S. Case No. 170 of 2022 registered under section 147, 148, 149, 341, 323, 307, 302, 379, 504, 506 of the Indian Penal Code.

4. Learned counsel for the petitioner submits all together 18 person have been assaulted the deceased. He further submits that prosecution version is falsified from the

Patna High Court CR. MISC. No.41281 of 2023(2) dt.19-07-2023 2/2 post-mortem report as there is one abrasion and one lacerated wound on the deceased. The petitioner is in custody since 10.03.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the period of custody, this application for regular bail is allowed.

7. Let the petitioner, above named, 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 S.D.J.M, Biraul, Darbhanga in connection with Kusheshwar Asthan (Tilkeshwar O.P) P.S. Case No. 170 of 2022.

(Sandeep Kumar, J) Sunnykr/- U T