Shivdhari Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31578 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== 1.
Shivdhari Mukhiya Son Of Late Gopi Mukhiya R/O-Sheikhana, P.O.- BAGAHA, P.S.-GHORASAHAN, Distt.-EAST Champaran 2.
Kundan Kumar Son Of Binda Mukhiya R/O-Sheikhana, P.O.-BAGAHA, P.S.-GHORASAHAN, Distt.-EAST Champaran 3.
Sujit Kumar Son Of Binda Mukhiya R/O-Sheikhana, P.O.-BAGAHA, P.S.- GHORASAHAN, Distt.-EAST Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Learned counsel for the petitioners has produced receipt of electricity bill paid to the Department in the Court. 3.Let it be kept on record.
4. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 342, 353 and 504/34 of the Indian Penal Code.
5. As per the prosecution case, the informant along with others were collecting dues of electricity bill of Rs. 8,395/-, the electric connection of petitioner no.1, Shivdhari Mukhiya was disconnected by the informant. Thereafter, all these petitioners started abusing and scuffling with the informant and other officials.
Patna High Court CR. MISC. No.31578 of 2023(2) dt.20-07-2023 2/2
6. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioner has paid the electricity bill up to the month of July including arrear. He further submits that the petitioner no. 1 is old age citizen and petitioner nos. 2 and 3 are students. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
7. Learned APP for the State opposes prayer for anticipatory bail.
8. Having regard to the facts and circumstances of the case and the fact that the petitioners has paid the electricity bill up to the month of July, let the above named petitioners, 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, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Ghorasahan P.S. Case No.69 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T