Mukesh Kumar Singh @ Mukesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75101 of 2024 Arising Out of PS. Case No.-527 Year-2024 Thana- GARKHA District- Saran ====================================================== Krishnadeo Kumar Son of Shiv Charan Singh @ Shivcharan Singh, Resident of Vill- Dakshin Kadana, P.S.- Garkha, District- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 85664 of 2024 Arising Out of PS. Case No.-527 Year-2024 Thana- GARKHA District- Saran ====================================================== Mukesh Kumar Singh @ Mukesh Prasad Singh Son of Sri Shiv Narayan Singh Resident of Village -Dakshin Kadna PS- Garkha, Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 75101 of 2024) For the Petitioner/s :

Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP (In CRIMINAL MISCELLANEOUS No. 85664 of 2024) For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for grant of bail in connection with Garkha P.S. Case No. 527 of 2024 registered under sections 126(2), 115(2), 118(1), 109, 352, 3(5) of the B.N.S. and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.75101 of 2024(6) dt.04-02-2025 2/3

3. The case of the prosecution is that on 21.08.2024 at about 7:30 PM the informant was getting vegetables plucked from his field at that time the petitioners along with other arrived there they were armed with weapon and they started abusing and when they were objected, they started indiscriminate assault with sword due to which informant sustained head injuries and also sustained injuries on the fingers of both of the hands. There is specific allegation against Krishnadeo Kumar and Karan Kumar that they assaulted indiscriminately with sword. It is further alleged that Mukesh Kumar assaulted with iron rod and Amresh Kumar made a fire but it did not hit anybody.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Learned counsel further submitted that there is also a counter version of this case and in counter version petitioner Krishnadeo has stated that they were getting their vegetables plucked at that time, the informant party arrived there. It has also been admitted that both parties have received injuries in the said occurrence. It is a case of free fight between the parties. Moreover, the petitioner namely, Krishnadeo Kumar is languishing in judicial custody since

Patna High Court CR. MISC. No.75101 of 2024(6) dt.04-02-2025 3/3 22.08.2024 whereas petitioner namely Mukesh is languishing in judicial custody since 14.10.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Garkha P.S. Case No. 527 of 2024 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Saran at Chapra.

(Ashok Kumar Pandey, J) Shubham/- U T