Lamhar Mukhiya @ Labhar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23010 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== 1.

Lamhar Mukhiya @ Labhar Mukhiya Son Of Jayant Mukhiya Resident Of Village- Godah, P.S. Hasanpur, District- Samastipur 2.

Raushan Mukhiya @ Raushan Kumar Pushpam Son Of Lamhar Mukhiya @ Labhar Mukhiya Resident Of Village- Godah, P.S. Hasanpur, DistrictSamastipur ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Avinash Singh For the Opposite Party :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-09-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioners submits that the petitioner no. 1 has been arrested. Accordingly, he seeks permission to withdraw the present application.

3. Permission is accorded.

4. Accordingly, the present application of the petitioner no. 1 is dismissed as withdrawn.

5. The petitioner is apprehending his arrest in connection with Hasanpur P.S. Case No. 107 of 2023 dated 13.06.2023 registered for the offence punishable u/s 341, 323, 325, 354, 307, 504 and 506 read with 34 of the Indian Penal

Patna High Court CR. MISC. No.23010 of 2024(3) dt.06-09-2024 2/3 Code.

6. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant and her family members due to which Shyam Nandan Mukhiya, Saroj Mukhiya and Chutkul Mukhiya sustained injuries on their head, hand and finger and Abhisked Kumar got injury on the head.

7. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Learned counsel has submitted that the injuries are simple in nature. The other co-accused person has already been granted bail by this court vide order dated 21.12.2023 passed in Cr. Misc. No. 76783/2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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

9. 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

Patna High Court CR. MISC. No.23010 of 2024(3) dt.06-09-2024 3/3 amount each to the satisfaction of the learned court concerned, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 107 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

10. The application stands allowed.

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