Shiv Shankar Mukhia And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30216 of 2018 Arising Out of PS. Case No.-161 Year-2017 Thana- ALOULI District- Khagaria ======================================================

1. Shiv Shankar Mukhia, S/o Rambilash Mukhia,

2. Ramjappo Mukhia, S/o Rameshwar Mukhia,

3. Raja Mukhia, S/o Ramjappo Mukhia,

4. Rajkishore Mukhia, S/o Rambilash Mukhia, All resident of South Bahorwa, P.S.- Alouli, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-06-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Alauli P.S. Case No. 161 of 2017 dated 01.06.2017 instituted for the offences under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner no. 1 is said to have opened fire by rifle but it did not hit the informant. Petitioner no. 2 is alleged to have hurled a dagger blow which hit the informant near his eyes. The petitioners no. 3 and 4 are said to have ransacked the shop of the informant. Learned counsel for the petitioners has submitted that the entire allegation appears to be false

Patna High Court Cr.Misc. No.30216 of 2018(3) dt.28-06-2018 2/2 as the injuries suffered by the informant are simple in nature and caused by hard and blunt substance. The allegation of ransacking the shop of the informant is because of an earlier dispute of a petty nature with respect to sale and purchase of a she-goat.

Considering the aforesaid facts, the petitioners above named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 161 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T