Ram Sabad Mukhiya @ Ram Sobhit Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86495 of 2019 Arising Out of PS. Case No.-270 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

RAM SABAD MUKHIYA @ RAM SOBHIT MUKHIYA Son of Late Satya Narayan Mukhiya Resident of Village - Gopiganj, P.S.- Sahebganj, Distt - Muzaffarpur.

2.

Manoj Mukhiya Son of Ram Sabad Mukhiya Resident of Village - Gopiganj, P.S.- Sahebganj, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukund Mohan Jha For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2021 Heard both sides.

The petitioners seek bail in Sahebganj P.S. case No. 270/2019 registered u/s 341, 323, 307, 447, 506, 504/34 of the IPC.

The informant alleged that on 27.06.2019 the petitioners, Ram Sabad Mukhiya and Manoj Mukhiya, father and son, along with other accused persons were manufacturing liquor and they were indulged in sell of illicit liquor. A panchayati was held and the accused persons agreed not to manufacture and sell liquor. Thereafter, Ram Sabad Mukhiya, came to the door of informant and began to abuse. When Ram Niwas Mukhiya protested, Ram Sabad Mukhiya assaulted Ram Nivas Mukhiya. Chandan Mukhiya and Manoj Mukhiya, petitioner No.2, came and gave indiscriminate blows on the head of Ram Nivas Mukhiya with iron rod.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.86495 of 2019(3) dt.22-01-2021 2/2 Chandan Mukhiya and Manoj Mukhiya, petitioner No.2, alleged to have assaulted Ram Nivas Mukhiya with iron rod on his head. Petitioner No.1 is not alleged to have assaulted Ram Nivas Mukhiya on his head. Ram Nivas Mukhiya got two injuries on his head but now he has been recovered. The petitioners are in custody since 31.08.2019 and they have remained in jail for about one year and five months.

Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that the petitioners have remained in jail for about one year and five months, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, (West), Muzaffarpur in connection with Sahebganj P.S. case No. 270/2019.

(Prabhat Kumar Jha, J) BKS/- U T