Patna High CourtCR. MISC./74/2016bail granted

Mahendra Mukhiya v. The State Of Bihar

2016-01-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74 of 2016 Arising Out of PS.Case No. -87 Year- 2014 Thana -BHEJA District- MADHUBANI ====================================================== Mahendra Mukhiya Son of Kokai Mukhiya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Heard learned counsels for the petitioners and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 385, 374, 504 and 506/34 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act. It is alleged that the informant being tractor driver of Ram Krishna Mahto was being abused by calling caste name, assaulted and `10,600/- were snatched by the petitioner. It is submitted by learned counsel for the petitioner that the owner of the tractor Ram Krishna Mahto earlier lodged Bheja P.S. Case No. 64 of 2014 with regard to land dispute, subsequently sale deed was executed by Ram Krishna Mahto with regard to alleged land in favor of other person who are named in

Patna High Court Cr.Misc. No.74 of 2016 (2) dt.05-01-2016 2/2 the FIR, hence, subsequently said Ram Krishna Mahto set up the present informant to lodge the present case. Moreover, the FIR was lodged on 05.12.2014 which reached to the court of learned In-Charge CJM on 08.12.2014 which suggests that the FIR was registered by antedating.

Considering the accusation in the background of litigated relationship between the employer of the informant and the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Jhanjharpur, Madhubani in connection with Bheja P.S. Case No. 87 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T