Upendra Mukhiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30053 of 2018 Arising Out of PS.Case No. -335 Year- 2017 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Upendra Mukhiya, S/o Rameshwar Mukhiya,

2. Pinku Mukhiya S/o Late Ram Chandra Mukhiya,

3. Dipo Mukhiya @ Dipu Mukhia S/o Rameshwar Mukhiya,

4. Arun Mukhiya S/o Sakhichandra Mukhiya,

5. Rameshwar Mukhiya S/o Late Kanhu Mukhiya,

6. Umesh Mukhiya S/o Sakhiachandra Mukhiya, All are resident of Vill.- Jairampur Tapra Tola, Ward No. 10, P.S.- Murliganj, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Upadhyay For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Murliganj P.S.Case No.335 of 2017 , registered for offences punishable under Sections 341, 323, 324, 379, 307 and 504/34 of the Indian Penal Code.

Allegation against the petitioners is of assault and snatching articles.

Submission of the learned counsel for the petitioners is that there is case and counter case and except Upendra Mukhiya there is no specific allegation against the petitioners and the impugned order shows that no injury report is available on the record.

Patna High Court Cr.Misc. No.30053 of 2018 (4) dt.03-07-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned I/C CJM, Madhepura in connection with Murliganj P.s.Case No.335 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T