Mukesh Kumar @ Mukesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58320 of 2024 Arising Out of PS. Case No.-834 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== Mukesh Kumar @ Mukesh Sharma son of Kedar Singh Ro MohallaBrahmani Ghat PS- Vishnupad District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr. Advocate Mr.Ajay Kumar Sinha Ms. Diksha Kumari For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-08-2024 Heard the learned senior counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 307, 341, 323, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Gaya Muffasil P.S.Case No. 834 of 2022.

3. The petitioner in collusion with other accused persons threatened the informant using foul language to relocate his khatal. In the process, the petitioner was assaulted, and on the order of co-accused O.P.Mukhiya, one of his associates shot fire at the informant, who warded off the attack.

Patna High Court CR. MISC. No.58320 of 2024(2) dt.21-08-2024 2/2

4. The learned senior counsel for the petitioner has submitted that the petitioner is not named in the FIR. As per the allegation in the FIR, one boy fired at the head of the informant but the order of the lower court shows that the injury was found to be caused by hard and blunt substance and it has specifically been mentioned in the order-sheet that the injuries were not of fire-arm.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. Considering the above facts and circumstances and also keeping in view that the petitioner is behind the bars since 29.01.2024, let the petitioner, above-named, be released 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 Chief Judicial Magistrate, Gaya in connection with Gaya Muffasil P.S.Case No. 834 of 2022, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) HR/- U T