Patna High CourtCR. MISC./58076/2023bail granted

Jaswir Mukhiya v. The State Of Bihar

2023-09-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58076 of 2023 Arising Out of PS. Case No.-316 Year-2021 Thana- ALOULI District- Khagaria ====================================================== JASWIR MUKHIYA Son of Nunu Mukhiya @ Ramsewak Mukhiya R/o vill - Bahadurpur, P.S. - Alauli, Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 148, 149, 321, 325, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted on behalf of petitioner that as per F.I.R. itself, co-accused Nawin Kumar assaulted Ram Kumar Mukhiya by means of iron rod and co-accused Sunil Kumar caused gun shot injury to Raj Kumar. So far as this petitioner is concerned, there is general and omnibus allegation and no specific overt act has been alleged against this petitioner. Similarly situated co-accused Balbir Kumar has been granted anticipatory bail, vide order dated 08.05.2023 passed in Cr.Misc. No. 2215 of 2023. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.58076 of 2023(2) dt.05-09-2023 2/2

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

5. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Alouli P.S. Case No. 316 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T