Sukai Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48943 of 2019 Arising Out of PS. Case No.-259 Year-2016 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

SUKAI MUKHIYA Son of Sri Harihar Mukhiyia Resident of VillageNawalpur, P.S.- Jogapatti (Nawalpur), District- West Champaran. 2.

Madan Mukhiya Son of Sri Harihar Mukhiyia Resident of VillageNawalpur, P.S.- Jogapatti (Nawalpur), District- West Champaran. 3.

Thagai Mukhiya Son of Sri Harihar Mukhiyia Resident of VillageNawalpur, P.S.- Jogapatti (Nawalpur), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Jogapatti (Nawalpur) P.S. Case No. 259 of 2016, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 308, 379 and 504 of the Indian Penal Code.

It is evident from the FIR that the parties are on litigating terms. There is allegation of assault made by the persons named in the FIR with slaps and fists and with Garansa. Learned counsel for the petitioners has submitted that the injury has been found to be simple in nature. Considering the background, in which the

Patna High Court CR. MISC. No.48943 of 2019(2) dt.06-08-2019 2/2 occurrence is said to have taken place, and the previous enmity between the parties, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-II, West Champaran at Bettiah in connection with Jogapatti (Nawalpur) P.S. Case No. 259 of 2016, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T