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Patna High CourtCR. MISC./5688/2024bail granted

Shaini Mukhiya @ Saini Mukhiya v. The State Of Bihar

2024-02-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5688 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- GAMAHARIYA District- Madhepura ====================================================== Shaini Mukhiya @ Saini Mukhiya Son of Late Sahdeo Mukhiya @ Late Sahab Mukhiya @ Sahdeo Mukhiya R/o vill - Belhi (Balhi), Jiwachhpur, ward no. 10, P.S. - Gamhariya, Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-02-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 341, 323, 324, 307, 379, 354A, 504 and Section 34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons are said to have assaulted the victim causing injury.

4. Learned counsel for the petitioner submits that specific allegation of assault is against one Shiv Kumar Mukhiya who is the son of the petitioner. Petitioner is in custody since 07.10.2023. The petitioner and informant are neighbours.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.5688 of 2024(2) dt.17-02-2024 2/2

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Let the petitioner, above named, 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 the learned J.M. 1st Class, Madhepura/concerned Court below in connection with Gamahariya P.S. Case No. 166 of 2023 subject to condition that:- 7(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on absence on two consecutive dates without sufficient reasons, the bail bond of the petitioner shall be cancelled by the Court below.

(Sandeep Kumar, J) Shishir/- U T