Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49062 of 2016 Arising Out of PS.Case No. -78 Year- 2016 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Mukesh Kumar Son of Late Raj Kishore Prasad Singh, resident of Village and P.S. Naokothi, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Kumar, Advocate.

For the Opposite Party : Mr. Bal Mukund Prasad Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-12-2016 Heard both sides.

The petitioner apprehends his arrest in Naokothi P.S. Case No. 78 of 2016 registered for the offences punishable under Sections 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that he had some altercation with his own brother Mukesh Kumar and while altercation was going on some unknown person fired causing firearm injury on his hand. It is alleged that at the instance of the petitioner the unknown person fired.

Learned counsel for the petitioner submits that the petitioner is own brother of the informant. Of course, there was some verbal altercation between the petitioner and the informant

Patna High Court Cr.Misc. No.49062 of 2016 (2) dt.16-12-2016 2/2 but the petitioner did not fire. The petitioner has no manner of concern with the unknown person who wanted to settle the score while verbal altercation was going on between the two brothers. Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 the Chief Judicial Magistrate, Begusarai in Naokothi P.S. Case No. 78 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T