Ranjeet Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74531 of 2022 Arising Out of PS. Case No.-322 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== RANJEET MUKHIYA S/O Sushil Mukhiya R/O Village- Chakdah, P.SRajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate : Mr.Ravi Prakash, Advocate : Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 15.09.2022 in connection with Rajnagar P.S. Case No. 322 of 2021, F.I.R. dated 16.11.2021 registered for the offence punishable under Sections 341,323,504,324,307,379,427,34 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted the informant brutally with deadly weapons.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that due to petty issues, the present occurrence had taken place. Further submits

Patna High Court CR. MISC. No.74531 of 2022(2) dt.13-04-2023 2/3 that there is case and counter case. Further submits that the present case is counter blast of Rajnagar P.S.Case No.309 of 2021 filed by the mother of the petitioner against the informant of the present case and his family members. Further submits that it appears from the FIR that there is general and omnibus allegation against all the accused persons and the specific allegation against the petitioner is that he inflicted farsa blow upon the informant. Further submits that due to present occurrence, both sides have sustained injury and the injuries of both sides are grievous in nature and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 15.09.2022.

Learned APP for the State, on other other hand, has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid fact, let the petitioner, above named, be released 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 Additional Chief Judicial Magistrate-I, Madhubani in connection with Rajnagar P.S. Case No.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.74531 of 2022(2) dt.13-04-2023 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T