Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79725 of 2019 Arising Out of PS. Case No.-250 Year-2019 Thana- GOPALPUR District- Patna ====================================================== MUKESH KUMAR Son of Chhattu Rai Resident of Village-Manpur Bairiya, P.S.-Gopalpur, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Singh For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Gopalpur P.S. Case No.250 of 2019 registered under Sections 341, 323, 325, 504, 506 and 379/34 of the Indian Penal Code. The accusation is that in spite of the pendency of the proceeding under Section 144 of the Code of Criminal Procedure in respect of the land in between the informant Umesh Rai and his uncle Chhattu Rai, on 19.08.2019, the both sons of Chhattu Rai, namely, Mukesh Kumar (petitioner) and Chintu Kumar were fixing the bomboo stick on the land. When the informant made protest, then both became excited and started to abuse. At that time, son-in-law of Chhattu Rai having
Patna High Court CR. MISC. No.79725 of 2019(2) dt.05-12-2019 2/3 Khanti in his hand reached there. Thereafter, this petitioner took the Khanti from him and caused assault to the informant, due to which the informant sustained blood oozing injury on his head and fell down on the ground. Thereafter, Chintu Rai and son-inlaw of Chhattu Rai caused assault to the informant through, lathi, danda, fist, slaps and legs.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that due to land dispute, the occurrence of "Maar-Peet" took place between the parties in which the petitioner's side also sustained injury regarding which on the basis of the fardbeyan of Sheela Devi, the mother of the petitioner, Gopalpur P.S. Case No.251 of 2019 was also instituted against the informant and others. Moreover, the injuries, as found on the person of the informant, are simple in nature.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Judge-IX-cum-Additional Chief Judicial Magistrate, Patna, in connection with Gopalpur P.S. Case
Patna High Court CR. MISC. No.79725 of 2019(2) dt.05-12-2019 3/3 No.250 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T