Surya Narayan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70060 of 2021 Arising Out of PS. Case No.-275 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== 1.

SURYA NARAYAN MUKHIYA Son of Late Badair Mukhiya Resident of Village- Sarhochiya, P.S.- Raghopur, District- Supaul. 2.

Hari Lal Mukhiya Son of Lachhan Mukhiya Resident of Village- Sarhochia, P.S.- Raghopur, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar, Adv.

For the Opposite Party/s :

Mr.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within three weeks on resumption of physical mode, failing which the office is directed to place the matter before the Bench. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 354(b), 504, 506 of the Indian Penal Code.

Allegation against the petitioners and other accused persons is of assaulting the informant and his family members.

Patna High Court CR. MISC. No.70060 of 2021(2) dt.07-06-2022 2/3 The accused persons are also alleged to have molested Lukhiya Devi and Manita Devi due to government pond situated in the village.

Learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence as alleged in the prosecution case. They have falsely been implicated in this case due to personal grudge and revenge. He further submits that there is case and counter case between the parties and there is free fight between them. The occurrence took place on 11.11.2020 at 12.00 O'clock and FIR lodged on 12.11.2020 without explaining the delay. He further submits that all injuries are simple in nature except one Devachan, which is grievous in nature on a non-vital part of the injured. The petitioners have no criminal antecedent, as stated at para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail petition.

In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on

Patna High Court CR. MISC. No.70060 of 2021(2) dt.07-06-2022 3/3 furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Birpur District-Supaul, in connection with Raghopur P.S. Case No. 275/2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Chandra Prakash Singh, J) amitkumar/- U T