Patna High CourtCR. MISC./82601/2024bail granted

Mukesh Sahani v. The State Of Bihar

2024-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82601 of 2024 Arising Out of PS. Case No.-246 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== Mukesh Sahani S/o Late Dhuri sahani R/o Village- Arara, Ps- Adapur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Aadapur P.S. Case No. 246 of 2024 instituted for the offences under Sections 1126(2), 113(2), 118(1), 109, 303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that when the informant was returning home, this petitioner and other coaccused abused and assaulted the informant. It is further alleged that co-accused Munna Kumar assaulted the informant by means of dagger.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and

Patna High Court CR. MISC. No.82601 of 2024(2) dt.04-12-2024 2/2 omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of assaulting the informant by means of dagger is attributed to co-accused Munna Kumar. The only allegation against the petitioner is of abusing the informant. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.08.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Aadapur P.S. Case No. 246 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T