Patna High CourtCR. MISC./34125/2016bail granted

Surendra Mukhiya v. The State Of Bihar

2016-08-31Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34125 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -BIHRA District- SAHARSA ====================================================== Surendra Mukhiya, son of Tirthi Mukhiya, Resident of Village- Sihaul Tola, Chakla, P.S.- Bihra, District- Saharsa.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Sri Mukesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihra P.S. Case no. 57 of 2016, registered under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that though the petitioner is named in the F.I.R. along with 15 others, but allegation to shot fire at the deceased, brother of the informant, is against co-accused Pawan Kamat and Bhagawan Jha. The petitioner is simply said to be the member of the mob. Further submission is that similarly situated co-accused Rajesh Kunwar @ Rajesh Kumar has already been granted Anticipatory Bail by a co-ordinate Bench of this Court vide Criminal

Patna High Court Cr.Misc. No.34125 of 2016 (2) dt.31-08-2016 2/2 Miscellaneous No. 28896 of 2016, dated 25.072016. The petitioner having no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Bihra P.S. Case No. 57 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T