Mukesh Kumar Singh @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67968 of 2022 Arising Out of PS. Case No.-279 Year-2021 Thana- HARNAUT District- Nalanda ====================================================== 1.
Mukesh Kumar Singh @ Mukesh Kumar Son of Jageshwar Singh Resident of Village - Tira, P.O.- Chero, P.S.- Harnaut, District - Nalanda, Bihar. 2.
Biro Singh @ Ranveer Singh @ Ranvir Singh Son of Jageshwar Singh Resident of Village - Tira, P.O.- Chero, P.S.- Harnaut, District - Nalanda, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anurag Saurav For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2023 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307, 354(B) and other allied sections of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, on the alleged date and time of occurrence, the petitioners along with other co-accused persons abused, assaulted the husband of informant and when they were taking him to their house, her husband escaped. After sometime, again all the accused persons including petitioners variously armed came at the house of informant and took out
Patna High Court CR. MISC. No.67968 of 2022(2) dt.20-03-2023 2/3 her husband from the house and co-accused Niraj Kumar, Mritunjay Kumar, Gautam Kumar assaulted him with lathi danda and Rana Vijay Singh with pistol and Dharam Singh with gun. Co-accused Rana Uday Singh, petitioner no. 1 and petitioner no. 2 misbehaved with the informant and also torn her clothes, as a result of which she became half-naked. On hearing halla, when Bikram Singh came to save them, co-accused Rana Uday Singh and Biro Singh assaulted him and Rana Uday Singh fired upon him from his pistol which hit his left thigh. It is submitted that specific allegation of firing is against co-accused Rana Uday Singh. So far as these petitioners are concerned, the only allegation against them is that they misbehaved with informant and torn her clothes.
It is further submitted that prior to the instant case, Mritunjay Kumar (coaccused) who is nephew of petitioners has lodged a case bearing Harnaut (Chero) PS Case No. 278 of 2021 against the husband of informant and others. Similarly situated co-accused has been granted bail by a coordinate Bench of this court vide order dated 17.08.2022 passed in Cr. Misc. No. 17103 of 2022.
Patna High Court CR. MISC. No.67968 of 2022(2) dt.20-03-2023 3/3 receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut (Chero) P.S. Case No. 279 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T