Patna High CourtCR. MISC./23282/2019disposed

Santosh Kumar Mukhiya v. The State Of Bihar

2019-09-20Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23282 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- RAGHOPUR District- Supaul ====================================================== 1.

SANTOSH KUMAR MUKHIYA Son of Rajendra Mukhiya Resident of Village - Gamhariya, Ward no.- 01, P.S.- Raghopur, District - Supaul. 2.

Chanderdeo Mukhiya Son of Baualal Mukhiya Resident of Village - Gamhariya, Ward no.- 01, P.S.- Raghopur, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2019 Heard the learned counsel for the petitioners and learned APP.

2. The petitioners apprehend their arrest for the alleged offences under Sections 341, 323, 504, 506, 147,447 and 307/34 of the Indian Penal Code registered in connection with Raghopur P.S. Case No. 93/2018.

3. It is submitted that the petitioners have been falsely implicated on the omnibus accusation of having tied gamcha around the neck of the informant and also of assault with grass cutter by the petitioner no. 2 and accused Rajendra Mukhiya, causing injury. It is submitted however, that the injury report discloses bruise of left shoulder of the

Patna High Court CR. MISC. No.23282 of 2019(4) dt.20-09-2019 2/2 informant, in respect of which opinion was reserved. In any event there is no material to indicate that the injury is grievous in nature in absence of any final medical report. Similarly situated co-accused Rajendra Mukhiya has been granted anticipatory bail by this Court in Cr. Misc. No. 53735 of 2019. The petitioners are accused in two prior cases instituted by the informant's side.

4. In that view of the matter, the provisional bail granted to the petitioner by order dated 12.04.2019 in connection with Raghopur P.S. Case No. 93/2018 pending in the Court of learned ACJM, Birpur, District Supaul is hereby confirmed.

Chandran/- (Vikash Jain, J) U T