Mukhiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53427 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.

Mukhiya Kumar Son Of Jhuna Sahani Resident Of Village - Shitalpur , Ward No.02, P.S.- Sugauli, Distt.- East Champaran. 2.

Jhuna Sahani Son Of Late Charitra Sahani Resident Of Village - Shitalpur , Ward No.02, P.S.- Sugauli, Distt.- East Champaran. 3.

Raj Kumar Sahani Son Of Girija Sahani Resident Of Village - Shitalpur , Ward No.02, P.S.- Sugauli, Distt.- East Champaran. 4.

Pradeep Sahani Son Of Girija Sahani Resident Of Village - Shitalpur , Ward No.02, P.S.- Sugauli, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Moleshwar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 504, 506 of the Indian Penal Code.

The prosecution case in nutshell is that when the nephew of the informant was coming from school

Patna High Court CR. MISC. No.53427 of 2022(2) dt.16-01-2023 2/3 then on the way, some altercation was done in between the students. Petitioners restrain the nephew of the informant and started assaulting. On next day, when the informant went at the door of petitioners to made protest then petitioners, variously armed, assaulted the informant due to which he sustained injuries. When family members of the informant came to his rescue, they were also assaulted by the petitioners.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case due to village politics in collusion with the local people. It is also submitted that petitioners are languishing in judicial custody since 27.07.2022. There is general and omnibus allegation levelled against the petitioners. There is case and counter case between the parties. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.53427 of 2022(2) dt.16-01-2023 3/3 Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Sugauli P.S. Case No. 122 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari.

(Sunil Kumar Panwar, J) nirajkrs/- U T