Ram Chandra Mukhiya And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45575 of 2014 Arising Out of PS.Case No. -185 Year- 2014 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================
1. Ram Chandra Mukhiya.
2. Prasad Mukhiya.
3. Shiv Nath Mukhiya, All Sons of Methur Mukhiya, R/o Village Bangra Nizamat, P.S. Sahebganj, District Muzaffarpur. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.46113 of 2014 Arising Out of PS.Case No. -185 Year- 2014 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Rakesh Kumar Prashar @ Rakesh Prashar, Son of Shiv Prasad Singh, Resident of village Paharpur Ahlad, P.S. Sahebganj, District Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.45575 of 2014) For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Anil Pd.Singh(App) (In Cr.Misc. No.46113 of 2014) For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Binod Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-04-2015 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the State. Both the applications are being disposed of by a common order as the allegations are similar.
The petitioners are apprehending their arrest in
connection with Sahebganj P.S. Case No. 185 of 2014 instituted for offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 379, 504, 506 and 120(B) of the Indian Penal Code. Later on Section 302 of the Indian Penal Code has also been added.
It is alleged that Thakur Rai, Suresh Rai, Ajimullah Bukhari, Shahid Bharti and Arif Raza assaulted the brother of the informant who succumbed to the injuries. The allegation against these petitioners is that they confined the informant in a room when others assaulted him. A statement has been made that there is no injury report of the informant or his other brother on record. The accused Jai Kishore Tiwary who was charged with the same offence as that of the petitioners has been granted anticipatory bail vide Cr. Misc. No. 5364 of 2015 on 10.02.2015.
Considering the aforesaid facts, let the above named petitioners in both the petitions be released on bail in the event of their arrest or surrender before the court below within a period of four weeks from today on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-divisional
Judicial Magistrate (West), Muzaffarpur in connection with Sahebganj P.S. Case No. 185 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Sanjay/- U T