Shibu Mukhia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20003 of 2025 Arising Out of PS. Case No.-675 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== 1.
Shibu Mukhia Son of Late Asharfi Mukhia Resident of Village- Belha Ghat Ward No. 01, P.S. and District- Madhepura 2.
Hari Mukhiya Son of Late Asharfi Mukhiya Resident of Village- Belha Ghat Ward No. 01, P.S. and District- Madhepura 3.
Binod Mukhiya Son of Late Asharfi Mukhiya Resident of Village- Belha Ghat Ward No. 01, P.S. and District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Prasad Verma, Adv.
For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Madhepura P.S. Case No. 675 of 2023 dated 02.07.2023, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 384, 385, 379, 504 and 506 of the Indian Penal Code.
3. The allegation against the petitioners including other F.I.R. named persons is that they came with variously armed weapons and assaulted the informant and demanded ransom of Rs. 5 lakhs. It is further alleged that the petitioner no.
Patna High Court CR. MISC. No.20003 of 2025(4) dt.02-07-2025 2/3 1 made firing which passed by the side of temporal region of the informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that the petitioner's land is situated adjacent to the land of the informant. The occurrence took place at the time of measurement of the said land due to boundary dispute. It is submitted that the allegation against the petitioner no. 1 is that he made firing which passed by the side of temporal region of the informant. It is further submitted that there is no specific allegation against petitioner no. 2, rather, the allegation is general and omnibus. It is also submitted that the F.I.R. has been lodged after 12 days of the occurrence without any plausible explanation for the delay. Lastly, it has been submitted that they have no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Madhepura P.S. Case No. 675 of 2023, they shall be released on anticipatory bail
Patna High Court CR. MISC. No.20003 of 2025(4) dt.02-07-2025 3/3 upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhepura, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T