Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45605 of 2019 Arising Out of PS. Case No.-216 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== MUKESH SINGH Son of Late Vijay Singh @ Vijo Singh Resident of Village - Bihat Tola, Gurudas pur ward No. 19, P.S.- Barauni (F.C.I.- O.P), Distt - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Barauni (FCI- O.P.) P.S. Case No. 216 of 2019 registered for the offences punishable under Sections 341, 342, 504, 506, 386, 387, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding the petitioner and two other accused persons having come to the house of the informant and upon demand of extortion money, the same was not paid whereafter the petitioner is said to have ordered the coaccused persons to fire upon the prosecution party, however, the gun shot injury was not sustained by any one of the members of the prosecution party. The petitioner is alleged to have hit the

Patna High Court CR. MISC. No.45605 of 2019(3) dt.17-08-2019 2/2 uncle of the informant causing fracture on the head. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case inasmuch as the injury found on the person of the uncle of the informant is simple in nature and moreover, no such incident had actually taken place. It is also submitted that both the sides have filed case and counter case i.e. the one lodged by the informant of the present case and the other lodged by the wife of the petitioner against the prosecution party. It is further submitted that though there is one case pending against the petitioner but the petitioner is on bail in the said case. The petitioner is said to be languishing in custody since 23.05.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni (FCI-O.P.) P.S. Case No. 216 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T