Rajendra Mukhiya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28586 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -BAHERI District- DARBHANGA ======================================================

1. Rajendra Mukhiya, Son of Kasho Mukhiya,

2. Ram Kumar Mukhiya @ Raj Kumar Mukhiya, Son of Wakil Mukhiya, Both are Resident of Village- Gobas, Police Station- Baheri, DistrictDarbhanga. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Girish Chandra Jha, Advocate. For the Opposite Party : Mr. S. Ehteshamuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Baheri P.S. Case No. 40 of 2016 for the offences instituted under Sections 323, 341, 447, 307, 379/34 and 504 of the IPC.

The prosecution story, in brief, is that all the accused persons including the petitioners entered into the house of the informant and co-accused Ram Kripal Mukhiya assaulted with butt of the country made pistol to the informant. It is further stated that petitioner no. 1 assaulted with Farsa to Lalit Mukhiya on his head causing head injury and petitioner no. 2 assaulted with

Patna High Court Cr.Misc. No.28586 of 2017 (2) dt.06-07-2017 2/2 Tengari to Bikash Mukhiya on his head causing head injury. It is alleged that other co-accused persons also assaulted other with Danda. There is allegation of theft also.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. The nature of injury is said to be simple.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Baheri P.S. Case No. 40/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Darbhanga, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T