Patna High CourtCR. MISC./37967/2016bail granted

Shivji Mukhiya v. The State Of Bihar

2016-09-23Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37967 of 2016 Arising Out of PS.Case No. -59 Year- 2016 Thana -MANIGACHI District- DARBHANGA ====================================================== Shivji Mukhiya, son of Faudar Mukhiya, residents of Village- Dasaut, Police Station- Alinagar, District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar, Advocate For the State : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-09-2016 I have heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in a case registered for offences punishable under Sections 447, 323, 324, 307, 452 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that so far this petitioner is concerned, it is alleged in the F.I.R. that he along with Mohan Mukhiya @ Fushi Mukhiya has assaulted Suresh Mukhiya by farsa due to which his left finger was severed. However, it is contended that there is no injury report and from the letter no.810 dated 08.07.2016 (Annexure 3) written by the DMCH to the officer-in-charge of the police station concerned, it appears that Suresh Mukhiya went there for treatment but after the

Patna High Court Cr.Misc. No.37967 of 2016 (2) dt.23-09-2016 2 / 2 police case was registered he did not receive any treatment and left the hospital, therefore, no injury report could be given. Subsequently, a case was lodged by the petitioner's side also. It is further urged that petitioner is having clean antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Manigachhi P.S. Case No. 59 of 2016, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) Sanjay-II/- U T