Ashish Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37709 of 2024 Arising Out of PS. Case No.-699 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Ashish Mukhiya Son of Fekan Mukhiya Resident Of Village - Bhotiya, Police Station - Simri Bakhtiyarpur (BALWAHAT O.P.), District - Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar Singh, Advocate For the Opposite Party/s :
Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Bakhtiyarpur (Balwahat O.P.) P.S. Case No. 699 of 2023 registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307, 379 and 504 of the Indian Penal Code.
3. As per the prosecution case, when the informant went to sow his field, 22 accused persons including the petitioner armed with weapons came there and started abusing and beating him. They also assaulted the tractor driver causing head injury to him.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.37709 of 2024(4) dt.30-08-2024 2/2 case. He further submits that there is no specific allegation against the petitioner. He also submits that the injury on the injured is simple in nature. There is case and counter case between the parties for the same occurrence in which both the parties got injury. The petitioner is in jail custody since 26.12.2023. He further submits that the petitioner has no criminal antecedent and he undertakes to co-operate in the investigation and the trial.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa / Concerned Trial Court in connection with Bakhtiyarpur (Balwahat O.P.) P.S. Case No. 699 of 2023.
(Sunil Dutta Mishra, J) ashishkr/- U T