Japal Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24853 of 2018 Arising Out of PS.Case No. -80 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Japal Mukhiya, Son of Dhaturi Mukhiya, resident of Village- Rohiniya, P.S.- Banjara, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Turkauliya (Banjariya) P.S.Case no.80 of 2017 , registered for offences punishable under Sections 147, 148, 149, 447, 341, 3223, 324, 307, 354, 326(A), 379, 504 and 506 of the Indian Penal Code. Allegation against the petitioner is that he ordered and other accused persons assaulted the informant and others. Submission of the learned counsel for the petitioner is that there is case and counter case and at best he is a order-giver and it is also submitted that the whole family members of the petitioner has been implicated in this case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.24853 of 2018 (3) dt.27-06-2018 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Turkauliya (Banjariya) P.S.Case No.80 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T