Bhola Mukhiya @ Baidyanatha Mukhiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7943 of 2019 Arising Out of PS. Case No.-282 Year-2018 Thana- KESARIA District- East Champaran ====================================================== 1.

Bhola Mukhiya @ Baidyanatha Mukhiya, Son of Late Sakaldeo Mukhiya Resident of Village - Bathna, P.S.- Kesariya, District- East Champaran 2.

Pukar Mukhiya Son of Late Ramashray Mukhiya Resident of Village - Bathna, P.S.- Kesariya, District- East Champaran 3.

Shyamdeo Mukhiya @ Samdeo Mukhiya Son of Bhola Mukhiya Resident of Village - Bathna, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Manish Kumar No.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Kesariya Police Station Case No. 282 of 2018, disclosing offences punishable under Sections 147, 149, 341, 323, 324, 307, 379, 447, 504 and 506 of the Indian Penal Code. There are 09 persons named in the First Information Report. So far as petitioner no. 1 is concerned, he is said to have attempted to assault the informant's daughter with farsa, which was prevented by the informant. Subsequently, petitioner no. 1 is said to have assaulted the informant's daughter with the butt of farsa. So far as the other two petitioners are concerned,

Patna High Court CR. MISC. No.7943 of 2019(3) dt.26-02-2019 2/2 learned counsel, appearing on behalf of the petitioners, submits that the injuries have been found to be simple in nature, caused by the hard and blunt substance. There is counter case also, in respect of the same occurrence.

In view of the submissions, as above, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XI, Motihari, East Champaran in connection with Kesariya Police Station Case No. 282 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Ashish/- U T