Chandan Mukhiya And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65974 of 2018 Arising Out of PS. Case No.-113 Year-2018 Thana- BAHERA District- Darbhanga ======================================================
1. Chandan Mukhiya, S/o Binde Mukhiya,
2. Binde Mikhiya, S/o Late Ram Bilash Mukhiya, Both are R/v Navtoliya, P.S.- Biraul, 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. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 323, 324, 325, 307 of the Indian Penal Code.
The prosecution case, in short, is that the accused persons including the petitioners assaulted the informant by lathi, danda, iron rod, due to which the informant received injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties.
Patna High Court Cr.Misc. No.65974 of 2018(2) dt.31-10-2018 2/2 Both the parties are agnates. The injury on the side of the accused persons has not been disclosed by the prosecution. The prosecution has not come with clean hands. For petty reasons the alleged occurrence is said to have taken place. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Benipur at Biraul, District Darbhanga in connection with Bahera P.S. case No.113 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T