Patna High CourtCR. MISC./76783/2023bail granted

Pratyush Mukhiya v. The State Of Bihar

2023-12-21Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76783 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== Pratyush Mukhiya Son Of Lamhar Mukhiya @ Labhar Mukhiya Resident Of Village- Godah, P.S.- Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Kumar Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with 107 of 2023 dated 13.06.2023 registered for the offences punishable under Sections 341, 323, 325, 354, 307, 504 and 506 read with 34 of the Indian Penal Code.

4. 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

Patna High Court CR. MISC. No.76783 of 2023(2) dt.21-12-2023 2/3 head, hand and finger and Abhisked Kumar got injury on the head.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that the injuries are simple in nature. There is a case and a counter case between both the parties. There is general and omnibus allegation against the petitioner. The other co-accused persons have already been granted bail by this Court vide order dated 12.12.2023 passed in Cr. Misc. No. 74822 of 2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, 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.

Patna High Court CR. MISC. No.76783 of 2023(2) dt.21-12-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T