Bijendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54767 of 2023 Arising Out of PS. Case No.-315 Year-2022 Thana- JADIA District- Supaul ====================================================== 1.

Bijendra Mukhiya, Son Of Bisho Mukhiya Resident Of Village - Guriya, P.O. - Guriya, P.S. - Jadiya, Distt. - Supaul 2.

Debu Mukhiya, Son Of Mattar Mukhiya Resident Of Village - Guriya, P.O. - Guriya, P.S. - Jadiya, Distt. - Supaul 3.

Bindeshwari Mukhiya, Son Of Sahdeb Mukhiya Resident Of Chakardaba, P.O. - Guriya, P.S. - Jadiya, Distt. - Supaul 4.

Dasrath Mukhiya, Son Of Debu Mukhiya Resident Of Guriya, P.O. - Guriya, P.S. - Jadiya, Distt. - Supaul ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-08-2023 Heard Ms. Patla Kumari, learned counsel appearing on behalf of the petitioners and Mr. Aditya Narayan Singh, learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Jadiya P.S. Case No. 315 of 2022, registered under Sections 341, 323, 324, 307, 379, 147, 149, 504, 506 and 188/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the accused persons named in the F.I.R., including the petitioners, assaulted the informant by deadly weapons.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and they

Patna High Court CR. MISC. No.54767 of 2023(2) dt.23-08-2023 2/2 have falsely been implicated in this case. He further submits that the occurrence took place due to ploughing of lands. He further submits that similarly situated co-accused namely Shambhu Mukhiya has already been released on pre-arrest bail by a co-ordinate Bench of this Court on 28.07.2023 passed in Criminal Miscellaneous No. 37466 of 2023. The petitioners have clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Having heard both the sides and the material available on the record as well as the fact that other co-accused has already been released on pre-arrest bail, let the above named petitioners, be released on bail, in the event of their 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 learned A.C.J.M-V, Supaul in connection with Jadiya P.S. Case No. 315 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Purnendu Singh, J) manish/- U T