Kaleshwar Kumar Mukhiya @ Kaleshwar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8061 of 2024 Arising Out of PS. Case No.-132 Year-2022 Thana- KARJAIN District- Supaul ====================================================== Kaleshwar Kumar Mukhiya @ Kaleshwar Mukhiya S/O- Late Rami Mukhiya Resident Of Village - Dudhari, Ward No. 01, Police Station - Karjain, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun .

For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Karjain P.S. Case No. 132 of 2022 dated 03.09.2022 registered for the offences punishable u/ss 341, 323, 324, 332, 307, 225, 353, 504 read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons along with 20-25 unknown persons armed with lathi and danda came and started abusing them and tried to free Avren Mukhiya. Further, the co-accused Santosh Mukhiya assaulted on the neck of Pawan Paswan with dabiya with an intent to kill. Thereafter, the co-accused Domi Mukhiya @ Kanhaiya Mukhiya assaulted on the leg of Lalit Narayan Sharma by means of danda. It is further alleged that the

Patna High Court CR. MISC. No.8061 of 2024(2) dt.04-03-2024 2/2 aforesaid accused persons took away the apprehended accused Avren Mukhiya with them from the custody of patrolling party.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is a member of mob. There is general and omnibus allegation against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Birpur, Supaul in connection with Karjain P.S. Case No. 132 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T