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Patna High CourtCR. MISC./56164/2022allowed

Vinod Mukhiya v. The State Of Bihar

2022-12-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56164 of 2022 Arising Out of PS. Case No.-334 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== VINOD MUKHIYA SON OF YOGENDRA MUKHIYA R/O VILLAGESEKH MAJHARIYA KAIHARI TOLA, P.S.- MAJHAULIYA, ZILLAWEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 341, 323, 325, 307, 337, 504, 34 of the Indian Penal Code.

Allegedly, the petitioner including all accused persons assaulted the informant's side by means of several weapons due to which they sustained injuries.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is allegation of assaulting the

Patna High Court CR. MISC. No.56164 of 2022(2) dt.20-12-2022 2/2 informant by means of iron rod against the petitioner, but the doctor has found the injury to be simple in nature. From the perusal of FIR, it is evident that there is a previous dispute between the parties. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as the injuries are simple in nature, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Majhaulyia P.S. Case No.334 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T