Bachcha Mukhiya @ Bachcha Babu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35217 of 2020 Arising Out of PS. Case No.-105 Year-2019 Thana- BIRAUL District- Darbhanga ====================================================== BACHCHA MUKHIYA @ BACHCHA BABU MUKHIYA S/O Swaroop Mukhiya Resident of Village - Kahua Jagdishpur, Police Station - Biraul, District - Darbhanga.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Prasad, Advocate For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 of the Indian Penal Code.

Allegation is that the petitioner assaulted with rod indiscriminately causing injury on left hand of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.35217 of 2020(2) dt.19-03-2021 2/2 petitioner. The petitioner has falsely been implicated in the present case. The injury is said to be on non-vital part of the body. The nature of injury is said to be simple. Hence no offence under Section 307 of I.P.C. is made out. At best, it is a case for an offence under Section 324 of I.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, 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) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Biraul, District Darbhanga in connection with Biraul P.S. case No.105 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T