Mitar Mukhiya And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.12170 of 2015 (3) dt.01-05-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12170 of 2015 Arising Out of PS.Case No. -87 Year- 2012 Thana -NAUHATTA District- SAHARSA ======================================================
1. Mitar Mukhiya S/o Late Shibu Mukhiya
2. Manjay Mukhiya S/o Mitar Mukhiya
3. Lal Mukhiya S/o Mitar Mukhiya All R/o Village- Dumra, P.s. Nauhatta, District- Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Manish Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-05-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Nauhatta P.S. Case No. 87 of 2012 registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.
There is case and counter case between the parties and persons from both the sides are said to have sustained injury. Therefore, in my view, it is not a fit case for grant of anticipatory bail and, accordingly, the prayer for anticipatory bail of the petitioners in connection with Nauhatta P.S. Case No. 87 of 2012 pending in the court of Sri A. Kumar, Judicial Magistrate 1st
Patna High Court Cr.Misc. No.12170 of 2015 (3) dt.01-05-2015 Class, Saharsa stands rejected.
However, if petitioners surrender before the concerned court within four weeks from today and seek regular bail, the concerned court shall consider the regular bail application of the petitioners on its own merit without being prejudiced by this rejection order, particularly, keeping in mind that both parties have filed cases against each others and persons from both the sides have sustained injury in the alleged occurrence. (Hemant Kumar Srivastava, J) SHAHZAD/- U T