Revi Mukhiya @ Rebi Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60105 of 2024 Arising Out of PS. Case No.-160 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

Revi Mukhiya @ Rebi Mukhiya S/o Late Ram Khelawan Mukhiya R/o Vill - Madhurapur, ward no. 8, P.S. Bajpatti, Dist. Sitamarhi 2.

Kundan Mukhiya @ Udan Mukhiya S/o Late Khelawan Mukhiya R/o Vill - Madhurapur, ward no. 8, P.S. Bajpatti, Dist. Sitamarhi 3.

Prabhu Mukhiya S/o Kundan Mukhiya R/o Vill - Madhurapur, ward no. 8, P.S. Bajpatti, Dist. Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2024

1. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petitioner nos. 1 and 2.

4. Permission is accorded.

5. Accordingly, the present anticipatory bail

Patna High Court CR. MISC. No.60105 of 2024(2) dt.19-09-2024 2/3 application is dismissed as withdrawn with respect to petitioner nos. 1 and 2 only.

6. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and on account of dispute relating to land, an altercation had taken place in between the parties in which both sides assaulted each other. It is also submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that no specific allegation of assault is alleged against the petitioner i.e. Prabhu Mukhiya.

7. Learned A.P.P. for the State along with learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner, but then learned counsel appearing on behalf of the informant fairly submits that no specific allegation of assault is alleged against the petitioner.

8. Considering the submissions made by the learned counsel for the petitioner, the petitioner no. 3 above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bajpatti P.S. Case

Patna High Court CR. MISC. No.60105 of 2024(2) dt.19-09-2024 3/3 No. 160 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

9. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T