Sri Ram Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78507 of 2023 Arising Out of PS. Case No.-145 Year-2021 Thana- LAKHNAUR District- Madhubani ====================================================== 1.

SRI RAM MUKHIYA SON OF DASAI MUKHIYA R/O VILLAGEMAIBI, P.S.- LAKHANUR, DISTRICT- MADHUBANI 2.

SHAMBHU MUKHIYA SON OF DASAI MUKHIYA R/O VILLAGEMAIBI, P.S.- LAKHANUR, DISTRICT- MADHUBANI 3.

DASAI MUKHIYA SON OF LATE BHOKARAHU MUKHIYA R/O VILLAGE- MAIBI, P.S.- LAKHANUR, DISTRICT- MADHUBANI 4.

TELIYA MUKHIYA @ TILAI MUKHIYA SON OF LATE RAJ KUMAR MUKHIYA R/O VILLAGE- MAIBI, P.S.- LAKHANUR, DISTRICTMADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-01-2024

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Lakhnaur PS Case No. 145 of 2021 (G.R. No. 1419 of 2021) dated 14.08.2021 registered under Sections 147, 148, 149, 341, 323, 324, 308, 379, 504 of the I.P.C.

3. As per the First Information Report on 13.08.2021 while the informant and his family members were sitting in a temple, the petitioners along with other accused persons armed with various weapons arrived there and the petitioner no. 1 assaulted the nephew of the informant namely Chandrabhal

Patna High Court CR. MISC. No.78507 of 2023(2) dt.10-01-2024 2/3 Thakur by means of Tengari (axe) on his head and allegation against other accused persons is that they snatched golden chain from Chandrabhal Thakur and ordered to kill the informant and his family members.

4. Learned counsel for the petitioners submits that petitioners have been made accused due to village politics and no serious injury has been caused to the victim / Chandrabhal Thakur or the informant. Referring to Annexures- 2, 2/1 which are the injury report of the victim - Chandrabhal Thakur and the informant, learned counsel submits that injury caused to them are simple in nature. The petitioners are having no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are co-villagers, petitioners have no criminal antecedent and injury caused to the informant and his nephew are simple in nature , I am inclined to grant anticipatory bail to the petitioners.

6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.78507 of 2023(2) dt.10-01-2024 3/3 learned A.C.J.M. Ist, Jhanjharpur, District - Madhubani in connection with Lakhnaur PS Case No. 145 of 2021 ( G.R. No. 1419 of 2021) subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T