Ranjan Mukhiya @ Ranjan Kumar Puspam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74822 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== 1.
Ranjan Mukhiya @ Ranjan Kumar Puspam Son Of Labhhar Mukhiya Village- Godah Ps- Hasanpur Dist- Samastipur 2.
Chandraketu Mukhiya @ Chandrket Mukhiya Son Of Late Jayant Mukhiya Village- Godah Ps- Hasanpur Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uma Shankar Singh, Advocate Mr. Shishir Kumar, Advocate Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2023 Learned counsel for the petitioners 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 petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in connection with Hasanpur P.S. Case No. 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
Patna High Court CR. MISC. No.74822 of 2023(2) dt.12-12-2023 2/3 co-accused persons are alleged to have assaulted the informant and her family members due to which Shyam Chandan Mukhiya, Saroj Mukhiya and Chutkul Mukhiya got injury on their head and Abhisked Kumar got injury on his head.
5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner No. 1 is accused in three other criminal cases and the petitioner No. 2 is accused in four other criminal cases 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 petitioners.
6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
7. Considering the aforesaid facts and circumstances of the case as well as the injuries being simple in nature, let the above named petitioners, in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Rosera, Samastipur in connection with Hasanpur P.S. Case No.
Patna High Court CR. MISC. No.74822 of 2023(2) dt.12-12-2023 3/3 107 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with further condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
8. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U