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Patna High CourtCR. MISC./77749/2023allowed

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

2024-02-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77749 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== MUKESH KUMAR SINGH @ MUKESH SINGH S/O LATE RAJKISHORE SINGH R/O VILLAGE AND PS. NAWKOTHI, DIST. BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, the informant alleged that while he was returning his home, in the meantime, the petitioner and co-accused person stopped him and started abusing him due to previous dispute. Thereafter, the petitioner four times fired upon the informant but anyhow he saved himself and fled away from the place after leaving his motorcycle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.77749 of 2023(3) dt.27-02-2024 2/2 committed no offence. He has falsely been implicated in this present case due to previous enmity. It is alleged that the petitioner fired upon the informant but it did not hit him or any other person. As per Para-22 of the Case Diary, the petitioner has not been treated in any hospital because he has not sustained any injury. It is further submitted that the petitioner is languishing in judicial custody since 16.09.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nokothi P.S. Case No. 84 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Class Begusarai. (Sunil Kumar Panwar, J) Manishkr/- U T