Mukesh Kumar @ Mukesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75252 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- TANKUPPA District- Gaya ====================================================== 1.
Mukesh Kumar @ Mukesh Kumar Singh Son of Late Indradeo Singh R/VMahiyarpur, P.S- Tankuppa, Dist- Gaya 2.
Gauri Shankar Singh Son of Late Indradeo Singh R/V- Mahiyarpur, P.STankuppa, Dist- Gaya 3.
Krishna Singh Son of Shyamdeo Singh R/V- Mahiyarpur, P.S- Tankuppa, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioners apprehend their arrest in connection with Tankuppa P.S. Case No. 49 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379, 427, 452, 504, 506 the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, all the FIR named accused persons were constructing government road and drain, a palm tree of rayati land of the informant was uprooted and on query by the informant, the accused persons including the
Patna High Court CR. MISC. No.75252 of 2022(3) dt.03-05-2023 2/3 petitioner were brutally assaulted the informant and his family members and due to which they sustained multiple injuries. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. It is further submitted that there is no specific over act has been attributed against the petitioners and there are general and omnibus allegation levelled against the petitioners. There is case and counter case between the parties and the injuries sustained by both the parties were found simple in nature. It is further submitted that petitioner no. 1 and 3 have clean antecedent but petitioner no. 2 has one criminal antecedents as stated in para-3 of this application.
Learned counsel for the State as well as informant opposed the bail prayer.
Considering this fact that there is no specific overt act attributed against the petitioners as well as submission of the parties, let the above named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st Gaya in
Patna High Court CR. MISC. No.75252 of 2022(3) dt.03-05-2023 3/3 Tankuppa P.S. Case No. 49 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) N.K/- U T