Amarnath Mukhia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9883 of 2023 Arising Out of PS. Case No.-105 Year-2016 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== AMARNATH MUKHIA S/o Raghu Mukhia R/o village- Manik Chowk Tole, Bhawanipur, P.S.- Runnisaidpur, Distt- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 506 of the Indian Penal Code. As per the prosecution case, when the informant was returning his home by motorcycle with one Bachu Rai, on the way, the petitioner along with other co-accused persons surrounded the motorcycle of the informant and started assaulted the informant and Bachu Rai.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that according to

Patna High Court CR. MISC. No.9883 of 2023(2) dt.19-06-2023 2/2 the injury report of the informant, the nature of the injury is simple in nature, as evident from the impugned order itself. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that injury was found simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Runnisaidpur P.S. Case No. 105 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T