Santosh Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40017 of 2025 Arising Out of PS. Case No.-132 Year-2022 Thana- KARJAIN District- Supaul ====================================================== Santosh Mukhiya S/o Late Jageshwar Mukhiya Resident of village - Chhitahi Hanuman Nagar, Ward No. 15, Police Station - Bhaptiyahi, Distt.- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Adv.
For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Karjain P.S. Case No. 132 of 2022 dated 03.09.2022 registered for the offences punishable u/ss 341, 323, 324, 332, 307, 225, 353, 504 read with 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons along with 20-25 unknown persons armed with lathi and danda came and started abusing them and tried to free Avren Mukhiya. Further, the co-accused Santosh Mukhiya assaulted on the neck of Pawan Paswan with dabiya with an intent to kill. Thereafter, the co-accused Domi Mukhiya @
Patna High Court CR. MISC. No.40017 of 2025(2) dt.22-08-2025 2/3 Kanhaiya Mukhiya assaulted on the leg of Lalit Narayan Sharma by means of danda. It is further alleged that the aforesaid accused persons took away the apprehended accused Avren Mukhiya with them from the custody of patrolling party.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is a member of mob. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The co-accused person has already been granted anticipatory bail by this Court vide order dated 04.03.2024 passed in Cr. Misc. No. 8061 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned,
Patna High Court CR. MISC. No.40017 of 2025(2) dt.22-08-2025 3/3 Birpur, Supaul in connection with Karjain P.S. Case No. 132 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T