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Patna High CourtCR. MISC./37136/2015bail granted

Mukesh Rai v. The State Of Bihar

2015-09-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37136 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================

1. Mukesh Rai S/o Sheo Jee Rai R/o Vill Bansh Ghat Masuriya, P.S. Mohammadpur, Dist- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,307,379,504 and 506/34 of the Indian Penal Code.

It is alleged that the accused persons assaulted the informant when co accused Shiv Prasad tried to throttle the informant by putting towel a round the neck and took three thousand rupees from his pocket. It is further alleged that the accused persons also snatched the motorcycle of the informant. It is submitted by the learned counsel for the petitioner that the accusation of throttling is not against the petitioner rather it is levelled against co accused Shiv Prasad and the injury has been found to be simple in nature. There is counter version of the occurrence

Patna High Court Cr.Misc. No.37136 of 2015 (2) dt.14-09-2015 2/2 and Title Suit No. 17 of 2012 is pending between the parties. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Gopalganj in connection with Mohammadpur P.S. Case No.86 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T