Patna High CourtCR. MISC./55908/2023allowed

Mukesh Kumar Yadav @ Mukesh Yadav v. The State Of Bihar

2023-08-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55908 of 2023 Arising Out of PS. Case No.-173 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== MUKESH KUMAR YADAV @ MUKESH YADAV son of Ashok Yadav @ Ashok Kumar yadav Village- Bhatsara Ps- Barhara Ward no-11, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 354(B), 504, 506, 34 of the Indian Penal Code.

3. As per prosecution case, the petitioner is alleged to have assaulted the husband of the informant due to which he sustained injury. Other co-accused tried to outrage the modesty of the informant during this incident. Accordingly, the present FIR was registered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. The present case is counter blast of Barhara P.S. Case No. 170

Patna High Court CR. MISC. No.55908 of 2023(2) dt.31-08-2023 2/2 of 2023. Both parties have sustained injuries in separate occurrence. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 106.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barhara P.S. Case No. 173 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea.

(Sunil Kumar Panwar, J) amandeep/- U