Manrup Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64743 of 2021 Arising Out of PS. Case No.-275 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== 1.

MANRUP MUKHIYA Son of Late Badair Mukhiya Resident of Village - Sarhochia, P.S. - Raghopur, District - Supaul. 2.

Bijendra Mukhiya @ Bijan Mukhiya Son of Harilal Mukhiya Resident of Village - Sarhochia, P.S. - Raghopur, District - Supaul. 3.

Niraj Kumar @ Niraj Mukhiya Son of Surya Narayan Mukhiya Resident of Village - Sarhochia, P.S. - Raghopur, District - Supaul. 4.

Rambhu Mukhiya Son of Bijal Mukhiya Resident of Village - Sarhochia, P.S. - Raghopur, District - Supaul.

5.

Indal Mukhiya Son of Harilal Mukhiya Resident of Village - Sarhochia, P.S. - Raghopur, District - Supaul.

6.

Mahesh Mukhiya Son of Manrup Mukhiya Resident of Village - Sarhochia, P.S. - Raghopur, District - Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Raghopur P.S. Case no. 275/2020 instituted for the offence under Sections 147, 148, 149, 341, 323, 325, 307, 354(b), 504, 506 of the Indian Penal Code.

As per allegation in the FIR, on the direction of co-

Patna High Court CR. MISC. No.64743 of 2021(4) dt.19-07-2022 2/3 accused Surya Narayan Mikhiya, petitioners were ambushed from earlier and with an intention to kill the informant they attacked upon him. When his family members reached there to rescue him, they were also beaten up by the accused persons. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Specific allegation of assault is not attributed to any one. General and omnibus allegation is levelled against all the petitioners. Four persons were got injured. Except injury of Deo Bachhan, all three persons have received simple injuries. There is case and counter case. Apart from the above fact, there is a delay of one day in lodging the FIR.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Raghopur P.S. Case no. 275/2020 , they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of

Patna High Court CR. MISC. No.64743 of 2021(4) dt.19-07-2022 3/3 the like amount each to the satisfaction of learned A.C.J.M Birpur, Supaul subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U