Mahesh Prasad @ Mukha @ Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42169 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- AAYAR District- Bhojpur ====================================================== 1.

MAHESH PRASAD @ MUKHA @ MUKHIYA SON OF LATE NARESH PRASAD RESIDENT OF VILL- MORASIYA, P.S- AYER, BHOJPUR. 2.

RAUSHAN PRASAD @ RAUSAN KUMAR SON OF DHURANDHAR PRASAD RESIDENT OF VILL- MORASIYA, P.S- AYER, BHOJPUR. 3.

NANHAK PRASAD SON OF MAHESH PRASAD RESIDENT OF VILLMORASIYA, P.S- AYER, BHOJPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant on account of dispute relating to throwing of filth in the drain. It is next submitted that informant alleges that on 14.12.2023 while she was returning home after attending the call of nature, when the accused persons started abusing her, on which, she raised an alarm, on which, her nephew

Patna High Court CR. MISC. No.42169 of 2024(2) dt.25-07-2024 2/2 came, when it is alleged that Mahesh assaulted her nephew by lathi, Rausan assaulted him by rod and Nanhak assaulted Ajeet by a rami on his head. The learned counsel submits that from perusal of the injury report at Annexure-2, it would manifest that the injuries suffered by the injured is simple in nature. It is further submitted that on account of dispute relating to throwing of filth in the drain, an altercation took place, in which both sides assaulted each other and from the side of the petitioners also an F.I.R. was instituted and the side of the petitioners also received injury.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Ayer P.S. Case No.154/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T