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Patna High CourtCR. MISC./52643/2018bail granted

Rajendra Mukhiya v. The State Of Bihar

2018-09-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52643 of 2018 Arising Out of PS.Case No. -157 Year- 2017 Thana -RAGHOPUR District- SUPAUL ======================================================

1. Rajendra Mukhiya, Son of Bidan Mukhiya, Resident of VillageKarmaniya, Police Station- Triveniganj, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Naresh Kumar Mehta For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 341, 323, 324, 504, 506, 448, 307, 354, 379 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons having entered into Angan of the informant, started to assaulting him and other family members.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is case and counter case between the parties. The petitioner has falsely been implicated in this case. From perusal of order of learned

Patna High Court Cr.Misc. No.52643 of 2018 (2) dt.12-09-2018 Sessions Judge, it is evident that nature of injury is simple. No offence u/S 307 of the Indian Penal Code is made out. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Birpur at Supaul in connection with Raghopur P.S. Case No. 157 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T