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Patna High Court - Orders

Mukesh Yadav vs The State Of Bihar on 10 November, 2015

Author: Ashwani Kumar Singh

Bench: Ashwani Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.52114 of 2015
                      Arising Out of PS.Case No. -65 Year- 2015 Thana -GOVINDPUR District- NAWADA
                 ======================================================
                 Mukesh Yadav, son of Swarika Yadav, resident of Village- Pathra, P.S.-
                 Govindpur, District- Nawada.

                                                                                 .... ....   Petitioner
                                                       Versus
                 The State of Bihar

                                                              .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Rakesh Kumar Singh, Advocate
                 For the Opposite Party/s : Mr. P.Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                 ORAL ORDER


2   10-11-2015

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Govindpur P. S. Case No. 65 of 2015 registered under Sections 147, 148, 149, 341, 323, 307, 379, 337, 504 and 506 of the Indian Penal Code.

It is contended that a PCC road was being constructed by Mukhia and Panchayat Sewak and they had entrusted the petitioner to look after the construction work. When the petitioner was bringing the building material through the house of the informant, an objection was raised by the informant upon which scuffle took place from both sides and there was brick batting from both sides whereupon Kajal Kumari was hit by stone Patna High Court Cr.Misc. No.52114 of 2015 (2) dt.10-11-2015 2/2 sustaining simple injury. It is further contended that the instant case is a counter blast of Govindpur P. S. Case No. 66 of 2015 instituted by the father of co-accused Santosh Yadav in which informant of the present case including other persons have been made accused.

Learned counsel for the State has opposed the application filed on behalf of the petitioner. He has submitted that there is specific allegation against the petitioner that he assaulted with iron rod on the head of Kajal Kumari.

Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in Govindpur P. S. Case No. 65 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/-

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