Patna High CourtCR. MISC./932/2023allowed

Mukesh Yadav @ Mukesh Kumar v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.932 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== MUKESH YADAV @ MUKESH KUMAR S/O LATE MUNDRIKA YADAV R/V- LODIPUR, MANSURPUR, P.S.- KHUSRUPUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Learned counsel for the petitioner seeks permission to make necessary correction in paragraph 1 of the bail application. Prayer is allowed.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

The petitioner is in custody in a case registered for offences punishable under Sections 341, 323, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The allegation against the petitioner is that along with other co-accused persons he suddenly surrounded the informant and attacked on him with stick and iron rod due to which the informant sustained injury and the bone of the hand and leg got broken. The accused persons also attacked the son of the informant and snatched Rs.3,50,000/- from his pocket.

Patna High Court CR. MISC. No.932 of 2023(2) dt.28-02-2023 2/2 It is submitted by the learned counsel for the petitioner that the petitioner has falsely been implicated in this case and there is no specific overt act against the petitioner and the allegation, against the petitioner, is general and omnibus. The allegation of assault is against other co-accused persons, namely, Mahesh Yadav and Jhagdu Yadav. The petitioner is in custody since 19.07.2022.

The learned Additional Public Prosecutor for the State vehemently opposed the prayer for bail.

Considering the aforesaid submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Khusrupur P.S. Case No. 193 of 2022 to the satisfaction of Smt. Sipra Kumari, Judicial Magistrate, 1st Class, Patna City, Patna. (Sunil Kumar Panwar, J) Shamshad & Alok Kr.

Verma/- U T