Mukesh Bin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17535 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mukesh Bin, Son of Banka Bin,

2. Bangur Bin, Son of Banka Bin,

3. Shivlal Bin, Son of Banka Bin,

4. Kuis Bin, Son of Banka Bin,

5. Bhulan Bin, Son of Bigal Bin,

6. Harendra Bind, Son of Bigal Bin,

7. Ravindra Bin, Son of Bigal Bin,

8. Lal Bahadur Bin, Son of Bigal Bin,

9. Achhelal Bin, Son of Bhulan Bin,

10. Rakesh Bin, Son of Harendra Bin, All resident of village - Chandrahiya, P.S. Harsidhi, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Singh, Advocate For the Opposite Party/s : Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341/323/325/254/379/504/34 of the Indian Penal Code. Title Suit No.776 of 2014 is going on between the parties. In the aforesaid background there is general and omnibus allegation against the petitioners to have committed assault. Specific allegation of firing is against petitioner Mukesh Bin,

Patna High Court Cr.Misc. No.17535 of 2017 (2) dt.21-04-2017 2/2 however, no injury is caused to anyone.

Submission is that the informant has suppressed the pendency of civil suit between the parties and the present case has falsely been filed to harass the petitioner.

Learned counsel for the informant opposed the prayer for bail.

Considering the facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/Successor Court in connection with Harsidhi Police Station Case No.66 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioners in this case. (Birendra Kumar, J) Mkr./- U T