Ajay Kumar Mukhiya @ Ajay Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60637 of 2023 Arising Out of PS. Case No.-256 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== 1.

Ajay Kumar Mukhiya @ Ajay Mukhiya S/O Lalo Mukhiya R/O VillageKajhi, Ward No.-9, P.S- Banmankhi, Distt.- Purnia. 2.

Vijay Kumar Mukhiya @ Bijay Mukhiya S/O Lalo Mukhiya Resident Of Village Kajhi, Ward No.- 9, P.S- Banmankhi, Distt.- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Mishra, Advocate Mr. Amit Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Banmankhi P.S. Case No.256 of 2023 instituted under Sections 147, 148, 149, 323, 379, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioners assaulted the informant with the butt of the pistol and petitioner no.1 snatched Rs.1100/- from the pocket of the informant and petitioner no.2 snatched a silver chain from the neck of the informant.

4. Learned counsel for the petitioners submits that the dispute arose between petitioner no.1, who is also a rickshaw

Patna High Court CR. MISC. No.60637 of 2023(2) dt.11-10-2023 2/2 puller, with the informant for taking the passenger on their erickshaws and this case has falsely been filed by the informant implicating the petitioners. The injury is found to be simple in nature. The petitioners have no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia in connection with Banmankhi P.S. Case No.256 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Harish/- U T