Mukesh Kumar @ Mukesh Ray @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85628 of 2023 Arising Out of PS. Case No.-257 Year-2018 Thana- SALIMPUR District- Patna ====================================================== MUKESH KUMAR @ MUKESH RAY @ RAJU KUMAR SON OF RAMASHRAY PRASAD RESIDENT OF VILLAGE - MORADPUR, P.S. - SALIMPUR, DISTRICT - PATNA ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The State Of Bihar PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vaishnavi Singh :

Mr. Ajay Kumar Thakur For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 342, 323, 379, 307, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, the allegation against the petitioner and co-accused persons is that they assaulted the informant due to previous dispute. It is further alleged that upon instigation of co-accused persons the petitioner fired upon the informant due to which he sustained gunshot injury.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.85628 of 2023(2) dt.15-01-2024 2/2 committed no offence. He has falsely been implicated in this present case due to dirty village politics. There is case and counter case between the parties. It is further submitted that as per Para-15 of the bail petition, injury sustained by the injured is simple in nature. The petitioner is languishing in judicial custody since 09.08.2023.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Salimpur P.S. Case No. 257 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh Patna. (Sunil Kumar Panwar, J) Manishkr/- U T