Majistar Mukhiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40035 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- SIDHWALIA District- Gopalganj ======================================================

1. Majistar Mukhiya, S/o Late Jatan Mukhiya,

2. Rajendra Mukhiya, S/o Satan Mukhiya,

3. Hiralal Mukhiya @ Hiralal Bin, Son of Late Kanchan Mukhiya,

4. Shivbaran Mukhiya @ Shivbaran Bin, S/o Late Bali Bind, All are resident of village- Sadauwa, P.S.- Sidhwaliya, DistrictGopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Harendra Prasad For the Opposite Party/s :

Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 379, 511/34 of the Indian Penal Code and Section 37(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that, on protest, the accused persons, in drunken state, abused and assaulted the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.40035 of 2018(2) dt.13-07-2018 2/2 petitioners. The petitioners have falsely been implicated in the present case due to previous enmity. The informant claims to have identified the petitioners. The source of identification has not been disclosed by the prosecution. Hence, the identification made by the informant appears to be doubtful. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-IIcum- Special Judge, Gopalganj in connection with Sidhwaliya P.S. Case No. 51 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T