Mukesh Kumar @ Mukesh Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62458 of 2021 Arising Out of PS. Case No.-221 Year-2021 Thana- BALIYA District- Begusarai ====================================================== 1.

Mukesh Kumar @ Mukesh Rajak, Son of Ganesh Rajak. 2.

Ganesh Rajak, son of Brahmdeo Rajak.

3.

Rohit Rajak @ Rohit Kumar, Son of Ganesh Rajak. 4.

Madhu Devi @ Madhu Kumari D/o Ganesh Rajak.

All are resident of Village- Chhoti Balla, Upper Tola, P.S.- Balia, District- Begusarai.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-05-2022 Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Balia P.S. Case No. 221 of 2021 for the offence punishable under Sections 341, 323, 307, 504, 324/34 of the Indian Penal Code.

It has been submitted that there is case and counter case from both the sides. The petitioners have clean antecedent and the injury report is not on record.

Considering the aforesaid fact, let the petitioners,

Patna High Court CR. MISC. No.62458 of 2021(2) dt.25-05-2022 2/2 above named, in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail till submission of charge-sheet on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Balia P.S. Case No. 221 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that if the injury report is submitted showing the injury sustained by the injured is simple in nature, then the anticipatory bail granted to the petitioners shall be confirmed by the Court below after submission of the charge-sheet. If the injury report shows that the injury sustained by the injured is grievous in nature, in such a situation, the bail bonds of the petitioners shall be cancelled and they shall be taken into custody forthwith. (Sandeep Kumar, J) pawan/- U T