Patna High CourtCR. MISC./68596/2018partly allowed disposal

Ramanand Mukhiya And ORS v. The State Of Bihar

2018-12-13Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68596 of 2018 Arising Out of PS. Case No.-155 Year-2018 Thana- NAUTAN District- West Champaran ======================================================

1. Ramanand Mukhiya Son of Lakhraj Mukhiya

2. Shiv Shankar Mukhiya Son of Ramanand Mukhiya

3. Rajesh Mukhiya Son of Ramanand Muk

4. Jitan Mukhiya Son of Thag Mukhiya

5. Bali Mukhiya Son of Lachhman Mukhiya All are Resident of Village-Bairiya Parsauni,P.S. Nautan,Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their in a case registered for the offences punishable under Sections 447, 341, 323, 324, 308, 504, 506/34 of the Indian Penal Code.

Annexure-2 to this petition goes to show that two injuries were found on the person of injured and out of the aforesaid two injuries, one injury was stitched would on head over about 1⁄2" x 1⁄2 " into touch to skull bone and another injury is bruise over on right scapular area.

The first information report reflects that petitioner no. 1 had given Farsa blow on the head of injured whereas

Patna High Court Cr.Misc. No.68596 of 2018(2) dt.13-12-2018 2/2 petitioner no. 4 has assaulted the injured by Bhala and, similarly, petitioner no.3 Rajesh Mukhiya had given rod blow causing head injury to the injured. The injury report as well as first information report reveals that it was petitioner no. 3 Rajesh Mukhiya, who caused head injury to the injured. So far as petitioner no. 1 and petitioner no. 4 are concerned, neither any Farsa nor any Bhala injury was found on the person of the deceased.

Considering the aforesaid facts and circumstances as well as submissions of the parties, the above named petitioners, except petitioner no. 3 namely, Rajesh Mukhiya, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Divisional Judicial Magistrate-VI, Bettiah, West Champaran Siwan in Nautan P.S. Case No. 155 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C. So far as petitioner no. 2 namely, Rajesh Mukhiya is concerned, the same stand rejected.

N.K/- (Hemant Kumar Srivastava, J) U T