Patna High CourtCR. MISC./60979/2019bail granted

Madan Lal Singh @ Mukhiya v. The State Of Bihar

2019-10-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60979 of 2019 Arising Out of PS. Case No.-128 Year-2017 Thana- HATHUA District- Gopalganj ====================================================== MADAN LAL SINGH @ MUKHIYA Son of Late Sri Bhagwan Singh Resident of Village- Mirzapur, P.S.- Hathua, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Irshad Ahmad Khan For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2019 Heard both sides.

The petitioner apprehends his arrest in Hathua P.S. case No. 128 of 2017 registered under Section 341, 323, 324, 308, 337, 504, 34 of the IPC.

The informant alleged that petitioner being the Mukhiya came along with other accused persons and forcibly got constructed PCC road on the land of informant. When the informant object, the accused persons assaulted the informant. The learned counsel for the petitioner submits that, of course, the informant named the petitioner as Mukhiya but the informant did not make any allegation that petitioner assaulted him. The allegation of assault is made against Bidyabhushan Baitha. All the injuries found on the person of injured are simple in nature. The case has been compromised.

Patna High Court CR. MISC. No.60979 of 2019(2) dt.16-10-2019 2/2 Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that there is no allegation of assault against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Udai Pratap, learned Judicial Magistrate, 1st class, Gopalganj in connection with Hathua P.S. case No. 128 of 2017 , subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T