Mukesh Kumar @ Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80548 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- SALIMPUR District- Patna ====================================================== Mukesh Kumar @ Raju Kumar Son Of Mr. Ramashray Prasad @ Ramashray Ray R/O Village- Muradpur, P.S.- Salimpur, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Vaishnavi Singh, Advocate For the State :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Salimpur P.S. Case No. 190 of 2022 instituted for the offence under Sections 323, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.
3.
As per prosecution case, some accused persons were destroying the field of the informant by use of chemicals and uprooting plants, and upon interception, it is alleged that the petitioner fired on the leg of one 'Masudan Rai'. 4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-07-2023. Petitioner bears five criminal antecedents, as per disclosure made in
Patna High Court CR. MISC. No.80548 of 2023(2) dt.20-12-2023 2/2 paragraph No. 3 of the bail application.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is subsisting land dispute between the parties. In fact, injured 'Masudan Rai', himself has not levelled any specific allegation against the petitioner.
6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and the fact that there is subsisting land dispute between the parties, this Court is inclined to grant bail to the petitioner.
8.
Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Salimpur P.S. Case No. 190 of 2022.
(Rudra Prakash Mishra, J) Raj Kishore/- U T