Mukesh Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59334 of 2024 Arising Out of PS. Case No.-289 Year-2024 Thana- SUPAUL District- Supaul ====================================================== 1.
Mukesh Mukhiya Son of Ram Kisun Mukhiya @ Ram Kishun Mukhiya 2.
Pankaj Kumar Mukhiya @ Pankaj Kumar Son of Ram Kishun Mukhiya @ Ram Krishna Mukhiya, Both R/V- Village- Basbitti, Ward No. 9, P.S.- Supaul, Distt.- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Dilip Kumar No. 1, APP Mr. Kuldeep Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-10-2024
1. Heard learned counsel for the petitioners, learned APP for the State and the learned counsel appearing on behalf of the informant.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 504, 506/34 of the IPC in connection with Supaul P.S. Case No.289 of 2024.
3. The learned counsel for the petitioners submit that petitioners are persons with clean antecedent and the informant alleges that on 30.09.2024 at about 09.00 a.m. the accused persons including the petitioners came variously armed and Ram Krishna Mukhiya assaulted the informant by an iron rod causing injury on head and when his son and other women folk
Patna High Court CR. MISC. No.59334 of 2024(4) dt.26-10-2024 2/3 of his house came to save him, when all the accused persons disrobed and assaulted them by dragging them on the ground, thereafter, Pankaj snatched silver chain from the neck of the informant's wife and also assaulted the informant's daughter with fist and kick and thereafter Mukesh assaulted Kiran Devi with fist, slaps and kicks.
4. The learned counsel for the petitioners submit that petitioners have been falsely implicated in the instant case with general, omnibus and ornamental allegation of assault. It is also submitted that petitioners and the informant are Gotiyas and are having dispute relating to land. It is next submitted that from side of the petitioners also Supaul P.S. Case No.290 of 2024 has been instituted. It is next submitted that from perusal of the injury report of Sanjan Devi it would manifest that doctor has not found any external injury.
5. The learned APP and the learned counsel appearing on behalf of the informant opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on
Patna High Court CR. MISC. No.59334 of 2024(4) dt.26-10-2024 3/3 anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No.289 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T