Umesh Mukhiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38784 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -BHIMPUR District- SUPAUL ======================================================

1. Umesh Mukhiya, S/o Puran Mukhiya,

2. Suresh Mukhiya, S/o Puran Mukhiya,

3. Gulabi Devi, W/o Umesh Mukhiya.

4. Sanju Devi, W/o Suresh Mukhiya, All resident of village- Belaganj, Ward No. 15, P.S. Bhimpur, DistrictSupaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha, Advocate. For the Opposite Party/s : Mr. Rajkishore Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Bhimpur P.S. Case No. 24 of 2017 instituted for the offence under Sections 341, 323, 325, 354(B), 379, 504, 307 and 34 of the Indian Penal Code. From the written report it appears that there is general and omnibus allegation against the petitioners. It is mentioned in the written report that altercation has taken place for Simal tree. In such circumstances, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in

Patna High Court Cr.Misc. No.38784 of 2017 (2) dt.28-08-2017 2/2 connection with Bhimpur P.S. Case No. 24 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Supaul, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T