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2025 DAILYLAW 89537 (PAT)

Bino Mukhiya v. The State of Bihar

CR. MISC./89672/2024 · 2025-01-29

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89672 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- SONBERSHA RAJ District- Saharsa ====================================================== 1. Bino Mukhiya S/O Late Kamal Mukhiya R/O Village- Fatehpur, PS- Kashnagar, Distt.- Saharsa 2. Arhul Devi W/O Late Kishundev Mukhiya R/O Village- Fatehpur, PS- Kashnagar, Distt.- Saharsa 3. Dino Mukhiya @ Dinu Mukhiya S/O Late Kamal Mukhiya R/O Village- Fatehpur, PS- Kashnagar, Distt.- Saharsa 4. Sarita Devi W/O Uday Mukhiya R/O Village- Fatehpur, PS- Kashnagar, Distt.- Saharsa 5. Udgar Mukhiya @ Udgar Kumar S/O Late Kishundev Mukhiya R/O Village- Fatehpur, PS- Kashnagar, Distt.- Saharsa 6. Sulekha Devi W/O Rambhu Mukhiya R/O Village- Fatehpur, PS- Kashnagar, Distt.- Saharsa 7. Chhathu Mukhiya S/O Late Saryug Mukhiya R/O Village- Fatehpur, PS- Kashnagar, Distt.- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Md. Ataur Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 29-01-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code. 3. As per prosecution case, on 23.02.2024 at about 7 AM, all the F.I.R. named accused persons including these Patna High Court CR. MISC. No.89672 of 2024(2) dt.29-01-2025 2/3 petitioners demolished wall of the house of informant and when family members of the informant came to save her, all the accused persons assaulted them with deadly weapons. It is further alleged that petitioner No. 7 assaulted Chandika Devi by means of dabiya as a result of which she fell down and sustained injury. Co-accused Dhirendra Mukhiya is alleged to have snatched gold chain. 4. Learned counsel for the petitioners submits that both parties are pattidars and due to dispute over partition of land, altercation took place between the parties in which both sides sustained injuries. Case and counter case. Case lodged by the petitioners is earlier in point of time. Injuries allegedly sustained by the injured are simple in nature. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like Patna High Court CR. MISC. No.89672 of 2024(2) dt.29-01-2025 3/3 amount each to the satisfaction of Judicial Magistrate, 1st Class, Saharsa in connection with Sonbarsha Raj P. S. Case No. 37 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Navya/- (Prabhat Kumar Singh, J) U T