Sikandar Mukhia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62303 of 2022 Arising Out of PS. Case No.-97 Year-2019 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

SIKANDAR MUKHIA Son of Biga Mukhia @ Big Mukhia Resident of Village- Bariya, P.S.- Ramgharwa, District- East Champaran 2.

HARENDRA MUKHIA Son of Kalyug Mukhia Resident of Village- Bariya, P.S.- Ramgharwa, District- East Champaran 3.

BIGA MUKHIA @ BIG MUKHIA Son of Kalyug Mukhia Resident of Village- Bariya, P.S.- Ramgharwa, District- East Champaran 4.

ROBIN MUKHIA Son of Biga Mukhia @ Big Mukhia Resident of VillageBariya, P.S.- Ramgharwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2023 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 354, 307 of the Indian Penal Code.

As per F.I.R., on the alleged date and time of the occurrence, all the accused persons including these petitioners armed with weapons, entered the house of the informant and assaulted her and her family members as a result of which informant and her family members sustained injury.

Patna High Court CR. MISC. No.62303 of 2022(3) dt.04-07-2023 2/2 It is submitted that the present case is counter blast case. As a matter of fact, wife of petitioner No. 1 has lodged Ramgarhwa P. S. Case No. 94 of 2019 against the prosecution side on 28.05.2019 and in retaliation, this false and concocted case has been lodged against these petitioners after three days of the aforesaid case. Doctor has found simple injury. Petitioners have got clean antecedent.

Considering the aforesaid facts and circumstances, this anticipatory bail is allowed and it is ordered that the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Ramgarhwa P. S. Case No. 97 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T