Shiva Nand Mukhiya And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3690 of 2018 Arising Out of PS.Case No. -157 Year- 2017 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Shiva Nand Mukhiya, Son of Laxman Mukhiya

2. Durganand Mukhiya, Son of Laxman Mukhiya Both residents of Village - Bish Hath, P.S. Manigachi, District - Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2018 The petitioners are apprehending their arrest in connection with Manigachi P.S. Case No. 157 of 2017, registered for offences punishable under Sections 341, 323, 307 and 504/34 of the IPC.

Allegation against the petitioners is of assault to the informant.

It has been submitted on behalf of the petitioners are neighbours of the informant and there is case and counter case between the parties and the injuries sustained by both sides in the scuffle. Further petitioners have no criminal antecedents. Heard learned A.P.P. also as well as learned counsel for the informant. They have opposed the prayer for bail. Learned counsel for the informant has submitted that the injuries caused to

Patna High Court Cr.Misc. No.3690 of 2018 (2) dt.01-02-2018 2/2 the informant is grievous as there is fracture in the scalp bone. Having heard both sides, considering the facts and circumstances of the case and the nature of injuries caused to the informant, I am not inclined to grant the privilege of pre-arrest bail to the petitioner.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunil/- U T