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Patna High CourtCR. MISC./63256/2017allowed

Radhe Mukhia And ORS v. The State Of Bihar

2018-01-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63256 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. Radhe Mukhia, Son of Late Laxmi Mukhia,

2. Ram Sewak Mukhia, Son of Late Laxmi Mukhia,

3. Mangal Mukhia, Son of Late Laxmi Mukhia,

4. Ashok Mukhia, Son of Ram Sewak Mukhia, All resident of Village- Fulhara Tole Brahmpur, P.S.- Singhia, District- Samastipur.

5. Baleshwar Mukhia, Son of Late Domi Mukhia, R/o Village- Bhatandih, P.S.- Rosera, District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Prasad Singh For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2018 Heard the learned counsel for the petitioners and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Singhia P.S. Case No. 92 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 447, 307 and 504 of the Indian Penal Code.

The accusation is regarding the accused persons entering the house of the informant and assaulting the informant side. The learned counsel for the petitioners submits that there is a general and omnibus allegation and the injuries inflicted on the person of the informant side are more or less simple in nature. It is further submitted that the present case arises out of

Patna High Court Cr.Misc. No.63256 of 2017 (2) dt.11-01-2018 2/2 case and counter case which have been lodged one after other. Having regard to the facts and circumstances of the case, more particularly the fact that the petitioners are having a clean antecedent, I deem it fit and appropriate to enlarge the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-V, Rosera, District-Samastipur in connection with Singhia P.S. Case No. 91 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T