Santosh Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8233 of 2020 Arising Out of PS. Case No.-270 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== SANTOSH MUKHIYA S/o Rupchand Mukhiya R/o Ward No. 13, Chhatapur, P.S.- Chhatapur, Distt.- Supaul ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh For the Opposite Party/s :
Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-02-2020 Heard learned Counsel for the petitioner and the learned APP for the State.
Petitioner apprehend arrest in Chhatapur PS Case No. 270 of 2019 registered under Sections 147, 148, 149, 152, 341, 323, 332, 333, 353, 431 and 307 IPC.
Counsel for the petitioner submits that it is a only matter of chance that he has a Pan shop at the place of occurrence where the allegation is that several persons were resorting to violent protest. The petitioner has no criminal antecedent and is apprehending his arrest.
Learned APP has opposed the prayer.
Considering the rival submissions this Court is inclined to accept the submission on behalf of the petitioner. The prayer is allowed.
In the event of arrest or surrender before the court below within four weeks from today, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM Supaul in Chhatapur PS Case No. 270 of 2019 subject to all conditions as laid down in Section 438(2) of the
Patna High Court CR. MISC. No.8233 of 2020(2) dt.28-02-2020 2/2 Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T