Sanjeep Mukhiya @ Sanjib Kumar Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65364 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== Sanjeep Mukhiya @ Sanjib Kumar Mukhiya Son of Labhahar Mukhiya Resident of Village-Godah, P.S. Hasanpur, District- Samastipur ... ... Petitioner/s
Versus
The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhubneshwar Mahto For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Hasanpur P.S. Case No. 107 of 2023 dated 13.06.2023 registered for the offence punishable u/s 341, 323, 325, 354, 307, 504 and 506 read with 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant and her family members due to which Shyam Nandan Mukhiya, Saroj Mukhiya and Chutkul Mukhiya sustained injuries on their head, hand and finger and Abhishek Kumar got injury on the head.
Patna High Court CR. MISC. No.65364 of 2024(2) dt.20-11-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Learned counsel has submitted that the injuries are simple in nature. The other co-accused person has already been granted anticipatory bail by this court vide order dated 06.09.2024 passed in Cr. Misc. No. 23010 of 2024. The petitioner has five criminal antecedents as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 107 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i) The petitioner is directed to remain physically
Patna High Court CR. MISC. No.65364 of 2024(2) dt.20-11-2024 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T