Patna High CourtCR. MISC./54443/2024bail rejected

Ravindra Mukhiya @ Ravindra Kumar Mukhiya v. The State Of Bihar

2024-08-28Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54443 of 2024 Arising Out of PS. Case No.-113 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== Ravindra Mukhiya @ Ravindra Kumar Mukhiya S/o Deo Narayan Mukhiya R/o vill - Narayanpur, P.S. - Bhaptiyahi, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-08-2024 Heard Mr. Nafisu Zzoha, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Bhaptiyahi P.S. Case No. 113 of 2023 for the offence under Sections 341, 323, 324, 379, 308, 504, 506 and 34 of the Indian Penal Code lodged on 23.07.2024 by the informant, Sanjay Kumar Mukhiya.

3. As per the prosecution story, the informant alleged that on 19.07.2023 altogether six accused persons came and stopped the father of the informant while he was coming home and one Chandan Mukhiya put a towel around his neck whereafter, allegation is that this petitioner assaulted informant's father by sword on his head causing injury. The further allegation of snatching of the amount is also there. Accordingly,

Patna High Court CR. MISC. No.54443 of 2024(2) dt.28-08-2024 2/2 the F.I.R.

4. Learned counsel for the petitioner submits that there is case and counter case, assault is on both side and only to implicate, exaggerated allegation. The injury is simple in nature.

5. Learned APP Mr. Bharat Bhushan opposes the prayer submitting that the petitioner has criminal antecedent inasmuch as two criminal cases of same nature is there as per the paragraph no.3 of the petition.

6. Beside, the allegation that is there against the petitioner of assaulting on the head by sword, he also has criminal antecedent of the same nature, in that background, it would be appropriate the petitioner seeks bail.

7. The anticipatory bail stands rejected.

8. If the petitioner surrenders within four weeks from today, the court concerned shall take up the matter and dispose it of without being prejudiced by any comment made in the present petition.

(Rajiv Roy, J) vinayak/- U T