Suresh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84136 of 2023 Arising Out of PS. Case No.-345 Year-2020 Thana- PIPRA District- Supaul ====================================================== 1.

Suresh Mukhiya Son of Ramkishun Mukhiya R/o - Dinapatti, Ward no. 12, P.S. - Pipra, Distt. - Supaul, Pin - 852218 2.

Pappu Ram Son of Amaldatt Ram R/o - Dinapatti, Ward no. 12, P.S. - Pipra, Distt. - Supaul, Pin - 852218 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Tanushri, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-03-2024 Heard Ms. Tanushri, learned counsel appearing on behalf of the petitioners and Mr. Shantanu Kumar, learned APP for the State.

2. Petitioners seeks pre-arrest bail in connection with Pipra P.S.Case No.345 of 2020 registered for the offences punishable under Sections 341, 323, 325, 385, 379, 447, 504 and 506/34 of the Indian Penal Code .

3. As per the allegation made in the FIR, all the accused persons with a common intention to kill the informant and his family members had assaulted the informant. The specific allegation against the petitioner no.1 is that he assaulted by means of "Butt" portion of the Pistol on the face

Patna High Court CR. MISC. No.84136 of 2023(3) dt.21-03-2024 2/3 of the informant and the petitioner no.2 assaulted on the head of the informant.

4. Learned counsel appearing on behalf of the petitioners submitted that the allegations are false, fabricated and ornamental in nature, as would appear from the injury report. Learned counsel further submitted that the allegations are incorrect, in view of the statement made in paragraph no.9 of the petition that as a consequence of the FIR lodged against the informant by the petitioners' side, a false case has been lodged against them. It is further submitted that the injuries are simple in nature. Petitioners have clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Having considered the rival submissions made on behalf of the parties, as well as, the nature of allegation made in the FIR and the injuries are simple in nature, the petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-VI, Supaul/concerned court, in connection with Pipra P.S.Case

Patna High Court CR. MISC. No.84136 of 2023(3) dt.21-03-2024 3/3 No.345 of 2020, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U