Mausham Kumar @ Mausham Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54652 of 2022 Arising Out of PS. Case No.-107 Year-2020 Thana- BARHIYA District- Lakhisarai ====================================================== Mausham Kumar @ Mausham Singh Son Of Lalan Singh Resident Of Village- Jaitpur, P.S.- Barahiya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the petitioner and the other co-accused persons armed with lathi, danda and pistol came and started assaulting the informant due to land dispute. In the meantime, the co-accused Roushan Kumar Singh fired on the informant which hit the left side of waist near stomach.

Patna High Court CR. MISC. No.54652 of 2022(2) dt.19-01-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. There is general and omnibus allegation against the petitioner. He has further submitted that the Specific allegation of firing is against the co-accused Roushan Kumar Singh. The petitioner is accused in 5 other criminal cases as stated in para 3 of the bail petition.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai in connection with Barahiya P.S. Case No. 107 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T