Patna High CourtCR. MISC./87995/2024bail granted

Mukesh Kumar v. The State Of Bihar

2025-02-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87995 of 2024 Arising Out of PS. Case No.-192 Year-2020 Thana- BARURAJ District- Muzaffarpur ====================================================== Mukesh Kumar S/O Babulal Rai Resident of Village- Chaukiya, P.S.- Baruraj, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bhavesh Kumar, Advocate For the State :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-02-2025 Heard learned counsels for the parties.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 379 and 504 of the Indian Penal Code.

3. As per prosecution case, this petitioner is alleged to have assaulted on the hand of the deceased by means of Daab.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in this case. From bare perusal of the F.I.R. it is apparent that the alleged incident took place in the backdrop of land dispute wherein this petitioner is alleged to have assaulted on the hand of the deceased by means of Daab. Co-accused Sankej Kumar, who is alleged to have assaulted on head of deceased by means of Farsa, was put on trial and after full fledge trial, he was

Patna High Court CR. MISC. No.87995 of 2024(2) dt.21-02-2025 2/2 acquitted vide order passed in Sessions Trial No. 246 of 2023 (Annexure P/3 to this bail petition). Petitioner is in custody since 28.08.2024. Moreover, charge-sheet has already been submitted. Petitioner has got no criminal antecedents.

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 , nature of accusation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Baruraj P.S. Case No. 192 of 2020.

(Prabhat Kumar Singh, J) shashank/- U T