Upendra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82370 of 2023 Arising Out of PS. Case No.-484 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Upendra Mukhiya, Son of Late Poli Mukhiya, R/O Village- Belhaghat, Ward No.- 01, P.S.- Madhepura, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Madhepura P.S. Case No. 484 of 2023 registered for the alleged offences under Sections 341, 323, 307, 379, 354A, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner and other coaccused persons assaulted the members of the Barat which had come in the marriage of the daughter of the informant. They also damaged the property and took away gold and cash from the Barat and the informant.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is cousin of the informant and the co-

Patna High Court CR. MISC. No.82370 of 2023(2) dt.10-01-2024 2/3 accused persons are agnates of the informant. All of them were coming to attend Barat when unsavory incident took place and the petitioner and the co-accused tried to pacify the members of Barat, but they were bent upon creating ruckus and some scuffle took place between two groups. The learned counsel further submits that however the matter has been compromised between the parties and good sense has prevailed between them. The petitioner is having no criminal history.

5. Learned APP opposes the prayer for anticipatory bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of dispute between the parties, let the petitioner, above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No. 484 of 2023, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.82370 of 2023(2) dt.10-01-2024 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T