Patna High CourtCR. MISC./39738/2014bail granted

Tanuk Mukhiya And ANR. v. The State Of Bihar

2015-04-10The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39738 of 2014 Arising Out of PS.Case No. -43 Year- 2013 Thana -JADIA District- SUPAUL ======================================================

1. Tanuk Mukhiya Son of Late Mater Mukhiya

2. Satrhan Mukhiya @ Shatrughan Mukhiya, Son of Tanuk Mukhiya Both are R/O/V-Gurriya, P.S.-Jadia, District-Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s : Mr. Bharat Bhushan (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 10-04-2015 The petitioners figured as accused in Jadia P.S. Case No.43 of 2013 where offences punishable under Sections 323,341,324,325, 379, 504 read with 34 of the Indian Penal Code were alleged.

The petitioners are said to have surrendered before the court below and regular bail was granted on 0.3.05.2013. Thereafter, provision of law in the F.I.R was changed to Section 307 of the Indian Penal Code. Apprehending their arrest, once again the petitioners filed ABA No.198 of 2014 (S) before the Sessions Judge, Saharsa, Camp Supaul. The same was rejected on 12.08.2014. Hence, this application for grant of anticipatory bail under Section 438 Cr. P.C.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Patna High Court Cr.Misc. No.39738 of 2014 (2) dt.10-04-2015 2/2 The petitioners have already bound themselves in the case duly surrendering. Mere fact that the provision of law has changed and another offence punishable under Section 307 of the Indian Penal Code was added, does not warrant their arrest once again.

Hence, this application is allowed. In the event of arrest, the petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Supaul in connection with Jadia P.S. Case No.43 of 2013.

(L. Narasimha Reddy, CJ) Sunil/- U T