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Patna High Court/54905/2023allowed

Mukesh Kumar v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54905 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- JADIA District- Supaul ====================================================== MUKESH KUMAR Son of Anmol Yadav Resident of Village-Koriapatti West, Tola-Khut, P.S.-Jadiya, District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 325, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, it is case of assaulting by the petitioner along with others due to which the informant side sustained injuries and it is further alleged that they also looted the money.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that there is a admitted land dispute between the parties. There is a case and counter case between the parties. Members of both parties have

Patna High Court CR. MISC. No.54905 of 2023(2) dt.29-08-2023 2/2 sustained injury as alleged in a separate occurrence. From the perusal of the injury report, which is annexed as Annexure-P3, it appears that the injury caused by the petitioner is simple in nature. He is languishing in judicial custody since 12.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Jadia P.S. Case No. 54 of 2023.

(Sunil Kumar Panwar, J) arish/- U T