Mukesh Kumar @ Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67323 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- PATORI District- Samastipur ====================================================== Mukesh Kumar @ Monu Kumar, Son of Tej Narayan Rai @ Chhedi Lal Rai R/V- Chaksaho P.S.- Patori, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :Ms.Usha Kumari Singh, Advocate For the Opposite Party/s :Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is named in the F.I.R. and apprehends his arrest in connection with Shahpur Patori P.S. Case No. 10 of 2022 registered for the offences punishable under Sections 341, 323, 325, 307, 354, 379, 447, 448, 504, 506/34 of the Indian Penal Code.

The allegation against petitioner is to assault infor-

Patna High Court CR. MISC. No.67323 of 2022(2) dt.25-04-2023 2/3 mant and others, causing bodily injuries having intention to cause their death and also to take away cash of Rs. 10,000/- and ornaments made up of gold belongs to informant and others during the course of occurrence. Learned counsel appearing on behalf of the petitioner submitted that the occurrence is free fight in nature, where both parties received injuries and for the same set of occurrence petitioner has also lodged a case which has been registered as Shahpur Patori P.S. Case No. 11 of 2022. It is further submitted that the matter has now compromised between the parties and a compromise petition duly signed by both parties was filed before the Court of J.M. 1st Class, Samastipur on 26.02.2022. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.

Learned APP while opposing the prayer of bail fairly conceded that occurrence is free fight in nature. Considering the aforesaid facts and circumstances, as occurrence is free fight in nature which appears to be compromised, let the petitioner, above named, in the event of his arrest or surrender within a period of four weeks, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.67323 of 2022(2) dt.25-04-2023 3/3 satisfaction of the learned Judicial Magistrate 1st Class, Samastipur/concerned Court, where the case is pending in connection with Shahpur Patori P.S. Case No. 10 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T