Mukesh Turi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65250 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- SONO District- Jamui ====================================================== 1.

Mukesh Turi, aged about 55 years, Male, S/O Gauri Turi, R/O VillageTerukha, P.S. Sono, Dist. Jamui. 2.

Ranjan Turi @ Sonu Turi, aged about 24 years, Male, S/O Mukesh Turi, R/O Village- Terukha, P.S. Sono, Dist. Jamui.

3.

Avinash Turi, aged about 22 years, Male, S/O Kishore Turi, R/O VillageTerukha, P.S. Sono, Dist. Jamui. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party :

Mr. Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-11-2023 Learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail application filed on behalf of the petitioner no. 1, namely, Mukesh Turi, in connection with Sono P.S. Case No. 155/2023 pending in the court of learned J.M. Ist Class, Jamui.

2. Permission is accorded.

3. Accordingly, the prayer for anticipatory bail application filed on behalf of the petitioner no. 1, namely, Mukesh Turi, is dismissed as withdrawn.

4. Heard learned counsel for the petitioner nos. 2 and 3 and learned A.P.P. for the State.

2/4

5. The petitioner nos. 2 and 3 are apprehending their arrest in connection with Sono P.S. Case No. 155/2023 dated 15.05.2023 registered for the offence punishable under Sections 337, 338, 341, 447, 323, 324, 307, 504 and 506/34 of the I.P.C.

6. As per the prosecution case, on 10.05.2023 at 6.00 P.M. in the evening, Mukesh Turi, Ranjan Turi @ Sonu Turi (petitioner no. 2), Avinash Turi (petitioner no. 3), Kishore Turi, Rajendra Turi, Ravi Turi, Priyanka Devi, Asha Devi, Sushma Devi, Rukmani Devi, Bindu Turi and Karu Turi came with arms at the house of the informant and started abusing and asked to lock the temple. On protest, Mukesh Turi assaulted with an iron rod on the leg of the informant, as a result of which, he fell on the ground. When his nephew Munna Yadav came to rescue him, Ranjan Turi (petitioner no. 2) and Avinash Turi (petitioner no. 3) assaulted with Tangi on the head of Munna Yadav with an intention to kill him causing cut injury on his head. Thereafter, Mukesh Turi started abusing and on his order, they assaulted with bricks and stones. The injured was brought to Sono Health Centre, thereafter, they were referred to Sadar Jamui Hospital for better treatment.

7. Learned counsel for the petitioner nos. 2 and 3 has submitted that they are innocent and have falsely been

3/4 implicated in this case. They have clean antecedent, as stated in paragraph no. 3 of the bail petition. There is general and omnibus allegation against them. There is case and counter case between the parties. One injury i.e., hair line fracture was found in the skull bone of the injured Munna Yadav which is grievous in nature.

8. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner nos. 2 and 3.

9. Considering the aforesaid facts and circumstances of the case, the petitioner nos. 2 and 3 above-named (except petitioner no. 1, namely, Mukesh Turi), in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Jamui in connection with Sono P.S. Case No. 155/2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with further condition:- (I) The petitioner nos. 2 and 3 are directed to remain physically present before the learned Court below on each and every date, failing which

4/4 on two consecutive dates without reasonable cause, their bail bonds are liable to be cancelled.

10. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T