Mukesh Hembram @ Mukesh Kumar Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8852 of 2023 Arising Out of PS. Case No.-4 Year-2021 Thana- SARSI District- Purnia ====================================================== MUKESH HEMBRAM @ MUKESH KUMAR HEMBRAM S/o Gosai Hembram R/v- Budhiya, P.S.- Sarai, District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Thakur , Advocate For the Opposite Party/s :

Mr. Anil Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 147, 148, 149, 323, 324, 307, 385, 379, 427, 504 and 506 of the Indian Penal Code. It is alleged that all the F.I.R named accused persons including this petitioner damaged the crops of informant's land and abused and assaulted the informant and his wife by means of lathi-danda causing head injury to them.

It is submitted on behalf of the petitioner that the petitioner has falsely been made accused in this case. Admittedly, the occurrence occurred due to land dispute between the parties. The father of the petitioner has got the land in question through Parwana from the Government of Bihar and

Patna High Court CR. MISC. No.8852 of 2023(2) dt.22-06-2023 2/2 is paying land revenue from the date of issue of Parwana, but the informant and his wife Radha Devi who is Sarpanch of Gram Panchayat are dishonest and trying to evict the land in question from the petitioner and his family members. The injury caused by the petitioner is found to be simple in nature. Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Purnia in connection with Sarsi P.S. case no 04 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T