Mukesh Sah @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75230 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== MUKESH SAH @ MUKESH KUMAR S/o Jaihind Sah @ Jayhind Sah R/o Village- Kalasan (Kalashan Bazar), P.S.- Chausa, Distt- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offence punishable under sections 341, 323, 324, 307, 504, 506, 379, 354(A), 34 of the Indian Penal Code. The allegation against the petitioner is that he assaulted the informant and his family members due to which they sustained injuries.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner and informant are own brothers and there is a land dispute between them. The

Patna High Court CR. MISC. No.75230 of 2022(2) dt.04-02-2023 2/2 allegation against the petitioner is to assault the informant but the injury found is of simple nature. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as the injuries are simple in nature, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chausa P.S. Case No.36 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T