Patna High CourtCR. MISC./63686/2017bail granted

Ram Vinay Mukhiya @ Ram Vinay Kumar Mukhiya v. The State Of Bihar

2018-01-12Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.63686 of 2017 (2) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63686 of 2017 Arising Out of PS.Case No. -291 Year- 2017 Thana -BIRAUL District- DARBHANGA ======================================================

1. RAM VINAY MUKHIYA @ RAM VINAY KUMAR MUKHIYA, S/o Shri Baiju Mukhiya, resident of Village- Kamalpur, P.S.- Biraul, DistrictDarbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2018 Heard both sides.

The petitioner apprehends his arrest in Biraul P.S. Case No.291 of 2017 registered under Sections 307, 385 and other Sections of the Indian Penal Code.

The informant Suraj Mukhiya named the petitioner, Ram Vinay Mukhiya along with Saini Mukhiya and Baiju and alleged that while he and his wife were returning from their job, all the three accused persons having armed with different weapons surrounded the informant and his wife. Saini Mukhiya assaulted him by khanti on his head and eye.

The learned counsel for the petitioner submits that there is a counter version being Biraul P.S. Case No.336 of 2017.

Patna High Court Cr.Misc. No.63686 of 2017 (2) dt.12-01-2018 Baiju Mukhiya got injury on head and he was referred to D.M.C.H. for treatment.

Considering the facts that there is a case and counter case and the informant did not make any specific allegation of assault against the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Darbhanga in connection with Biraul P.S. Case No.291 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T