Arjun Mukhiya vs The State Of Bihar on 14 May, 2024

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Patna High Court - Orders

Arjun Mukhiya vs The State Of Bihar on 14 May, 2024

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28662 of 2024
                   Arising Out of PS. Case No.-337 Year-2023 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
           1.     ARJUN MUKHIYA S/O LATE RADHA KRISHNA MUKHIYA R/O
                  VILLAGE- NADIYAMI, P.S- KUSHESWAR ASTHAN, DISTT.-
                  DARBHANGA.
           2.    ARBIND MUKHIYA S/O LATE RADHA KRISHNA MUKHIYA R/O
                 VILLAGE- NADIYAMI, P.S- KUSHESWAR ASTHAN, DISTT.-
                 DARBHANGA.
           3.    MUNNI DEVI W/O ARJUN MUKHIYA R/O VILLAGE- NADIYAMI, P.S-
                 KUSHESWAR ASTHAN, DISTT.- DARBHANGA.




                                                                              ... ... Petitioner/s
                                                     Versus
                 THE STATE OF BIHAR




                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Vinay Kumar Mishra, Advocate
                 For the Opposite Party/s :     Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   14-05-2024

Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 308, 379, 504 and 506 of the Indian Penal Code .

3. As per F.I.R., the prosecution case , in brief, is that on alleged date and time of occurrence, all the F.I.R., named Patna High Court CR. MISC. No.28662 of 2024(2) dt.14-05-2024 2/3 accused persons including these petitioners armed with various weapons surrounded the informant and stopped the mixture machine. Upon protest by the informant, petitioner No. 1 Arjun Mukhiya abused the informant and gave tengari blow on his head due to which he sustained injury. It is further alleged that petitioner No. 2 Arbind Mukhiya wrapped gamcha around his neck and slammed on the ground and petitioner No. 3 Munni Devi pressed the testicle of the informant with intention to kill him.

4. It is submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case. As a matter of fact, on account of land dispute, a simple occurrence of maarpeet took place between them. Injury caused by these petitioners are simple in nature.

5. Learned counsel for the State oppose the bail petition.

6 Considering the nature of injury and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st, Biraul, Darbhanga in Patna High Court CR. MISC. No.28662 of 2024(2) dt.14-05-2024 3/3 connection with Kusheshwar Asthan P.S. Case No. 337 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/-

U      T

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Patna High Court - Orders