Patna High CourtCR. MISC./12695/2018bail granted

Mukesh Kumar Singh v. The State Of Bihar

2018-04-05Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12695 of 2018 Arising Out of PS.Case No. -300 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ====================================================== Mukesh Kumar Singh S/o Ram Bhros Singh, R/o Village- Harpur Bhindi, P.S.- Tajpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate For the Opposite Party/s : Mr. Sri Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 420,467,468,471,307 and 504/34 of the Indian Penal Code and 27 of the Arms Act.

Counsel for the petitioner submits that though allegation in the FIR is of causing firearm injury on the head of the victim but the medical evidence does not support the nature of assault attributed as it suggests that the injury is simple in nature caused by hard and blunt substance. Petitioner has no criminal antecedent prior to the instant case and he is in jail custody since 07.10.2017. Other co-accused namely, Rambharosh Singh has been granted bail in Cr Misc. No. 29578 of 2017. In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.12695 of 2018 (3) dt.05-04-2018 2/2 bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1st, Samastipur in Tajpur P.S. Case No. 300 of 2016 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U