Durga Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75805 of 2019 Arising Out of PS. Case No.-121 Year-2016 Thana- MAHISHI District- Saharsa ====================================================== Durga Mukhiya Son of Late Rameshwar Mukhiya Resident of VillageLakshmipur Ghaure, Police Station-Mahishi and District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Verma, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Mahishi P.S. Case No. 121 of 2016, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354, 504 and 506 of the Indian Penal Code.

Petitioner is alleged to have given Dabia blow on the head of Chandra Kishore Mukhiya (Informant's son). It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. There is case and counter case. Both sides sustained injury. Petitioner also sustained injury in the same occurrence. Moreover, injury caused by the petitioner found to be simple in nature. Petitioner has got clean antecedent.

Considering the facts aforesaid and the fact that there is case and counter case and injury sustained by the son of

Patna High Court CR. MISC. No.75805 of 2019(2) dt.27-11-2019 2/2 informant is simple in nature, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No. 121 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T