Bhagalu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.556 of 2022 Arising Out of PS. Case No.-192 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

BHAGALU MUKHIYA Son of Dorik Mukhiya Resident of VillageBalanth, P.S.- Kusheshwar Asthan, District- Darbhanga. 2.

Rajiv Mukhiya @ Rajeev Mukhiya Son of Dorik Mukhiya Resident of Village- Balanth, P.S.- Kusheshwar Asthan, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Prasad, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. The informant alleges that when he demanded his money from the accused persons, including the petitioners, they became annoyed and on the orders of Surendra Mukhiya, both petitioners Rajiv Mukhiya and Bhagalu Mukhiya assaulted the informant on his head by an iron rod, Jay Prakash Mukhiya assaulted by leg and fist and Laltun Mukhiya took away Rs. 1,500/- from the pocket of the informant.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.556 of 2022(2) dt.03-08-2022 2/2 petitioners are persons with clean antecedent and from bare perusal of the allegations as alleged in the F.I.R. it would manifest that the occurrence took place on the issue of demand of money which the informant had taken from the petitioners and when the accused Surendra Mukhiya demanded money, the informant threatened him of implicating him in a false case. Further even the allegation of assault is not specific and the impugned order records that a stitch wound was found on the head of the informant. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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 from today, be released on anticipatory bail on 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 court below where the case is pending/successor court in connection with Kusheshwar Asthan P.S. Case No. 192 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T