Mahendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33150 of 2024 Arising Out of PS. Case No.-343 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Mahendra Mukhiya, Son of Ramdeo Mukhiya Resident of villageNadiyami, PS- Kusheshwar Asthan, Distt- Darbhanga. 2.

Govind Madav, Son of Mahendra Mukhiya Resident of village- Nadiyami, PS- Kusheshwar Asthan, Distt- Darbhanga.

3.

Bhagwan Lal Mukhiya, Son of Fuleshwar Mukhiya Resident of villageNadiyami, PS- Kusheshwar Asthan, Distt- Darbhanga. 4.

Bhageshwar Mukhiya, Son of Mahendra Mukhiya Resident of villageNadiyami, PS- Kusheshwar Asthan, Distt- Darbhanga. 5.

Binod Mukhiya, Son of Fuleshwar Mukhiya Resident of village- Nadiyami, PS- Kusheshwar Asthan, Distt- Darbhanga.

6.

Sone Lal Mukhiya, Son of Deo Mukhiya Resident of village- Nadiyami, PSKusheshwar Asthan, Distt- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-09-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 324, 325, 308, 354B, 379, 504 and 506 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the offences for which the instant FIR has been instituted carries

Patna High Court CR. MISC. No.33150 of 2024(3) dt.10-09-2024 2/3 punishment of seven years and less, but then, fairly submits that police during the course of investigation gave the benefit of Section 41(A) of the Cr.P.C. to the petitioners, but then, after investigation, charge-sheet came to be submitted based on which cognizance was taken and thus, the petitioners apprehend their arrest. It is further submitted that after the petitioners received the notice under Section 41(A) of the Cr.P.C., they cooperated in the investigation and the police never felt the need of arresting them or else endeavours would have been made to arrest in accordance with the procedure prescribed even after issuance of notice under Section 41(A) of the Cr.P.C. It is thus submitted that when police never felt the need of arresting the petitioners whether it would be prudent for this Court to send the petitioners to jail based on an order of cognizance, which came to be taken based on the same investigation based on which the police never felt the need of arresting the petitioners.

4. Learned A.P.P. Sri Chandra Bhushan Prasad opposes the anticipatory bail application.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail

Patna High Court CR. MISC. No.33150 of 2024(3) dt.10-09-2024 3/3 on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Biroul at Darbhanga in connection with Kusheshwar Asthan P. S. Case No.343 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T