Mohan Mukhia And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13535 of 2019 Arising Out of PS. Case No.-925 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

Mohan Mukhia, Son of Budha Mukhia 2.

Sakal Mukhia, Son of Budhan Mukhia 3.

Kishori Mukhia, Son of Pragas Mukhia 4.

Shatrughan Mukhia, Son of Pragas Mukhia 5.

Arjun Mukhia ,Son of Munnilal Mukhia All are residents of Village- Bhasar, P.S.- Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-03-2019 Heard learned Counsel for the petitioners, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sitamarhi Police Station Case No. 925 of 2018, disclosing offences under Sections 341/323/504/379/354/34 of the Indian Penal Code.

It is alleged that the accused persons were drunk and assaulted the informant. They are also said to have snatched the ornaments.

On perusal of the First Information Report, I find that

Patna High Court CR. MISC. No.13535 of 2019(2) dt.06-03-2019 2/3 some petty dispute is the reason behind the occurrence, leading to registration of the First Information Report. Though, there is allegation of assault by Farsa against petitioner no. 1, learned counsel appearing on behalf of the petitioner has submitted that the injury has been found to be simple in nature. Learned Counsel appearing on behalf of the informant, on the other hand, has submitted that final opinion is yet to be formed by the expert as to whether the injury is simple or grievous.

Be that as it may, in the background of nature of genesis of occurrence, 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi, Police Station Case No. 925 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 petitionerd shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their

Patna High Court CR. MISC. No.13535 of 2019(2) dt.06-03-2019 3/3 part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) ragini/- U