Dhirendra Mukhiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56207 of 2017 Arising Out of PS.Case No. -226 Year- 2017 Thana -RANIGANJ District- ARRARIA ======================================================

1. Dhirendra Mukhiya, S/o Nago Mukhiya,

2. Tuntun Kumar, S/o Nago Mukhiya,

3. Ajay Kumar, S/o Nago Mukhiya,

4. Nago Mukhiya, S/o Late Bishundeo Mukhiya, All are R/o Village- Barbanna, P.S.- Raniganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate. For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Raniganj P.S. Case No. 226 of 2017 instituted for the offence under Sections 341, 323, 379, 354B, 506 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that both parties are relatives. The altercation took place on account of catching fish. It is alleged that wife of petitioner No. 1 lodged Raniganj P.S. Case No. 227 of 2017 against the informant and others.

In the written report there is general and omnibus

Patna High Court Cr.Misc. No.56207 of 2017 (2) dt.29-11-2017 2/2 allegation against all these petitioners.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Raniganj P.S. Case No. 226 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T