Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85441 of 2023 Arising Out of PS. Case No.-316 Year-2021 Thana- ALOULI District- Khagaria ====================================================== Navin Kumar SON OF JAYJAYRAM MUKHIYA R/O VILLAGEBAHADURPUR, P.S.- ALAULI, DIST.- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr.Dashrath Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 321, 325, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation levelled against the petitioner is that he assaulted one Ram Kumar Mukhiya by means of iron rod due to which he sustained several injuries.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.85441 of 2023(2) dt.16-01-2024 2/2 general and omnibus in nature. There is specific overt act against co-accused Sunil Kumar to fire upon one Raj Kumar Mukhiya. All the injuries of injured Ram Kumar Mukhiya are simple in nature except injury no.4 which is a firearm injury. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case as well as considering the nature of the injuries caused by this petitioner to the injured Ram Kumar Mukhiya i.e. simple, let the above named petitioner, be released on bail, in the event of his 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 Alouli P.S. Case No. 316 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T