Partly allowed

Shankar Mukhiya @ Shivshankar Mukhiya @ Shankar v. the State of Bihar

Patna HC28 Aug 2023CR. MISC./53000/2023

Case brief

AI extract

What is this about?

A Criminal Miscellaneous appeal filed by Shankar Mukhiya seeking anticipatory bail in PS Case No. 875 of 2022 involving offences under IPC sections 147, 148, 149, 341, 342, 323, 354, 353, 427 concerning an unlawful assembly and assault on a woman and police.

What did the court decide?

Release on anticipatory bail upon arrest or surrender within six weeks, on furnishing a bond of Rs. 10,000 with two sureties of similar amount.

Shankar Mukhiya @ Shivshankar Mukhiya @ Shankar Vs the State… — Anticipatory Bail | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53000 of 2023

¶2

Arising Out of PS. Case No.-875 Year-2022 Thana- SUPAUL District- Supaul

¶3

====================================================== SHANKAR MUKHIYA @ SHIVSHANKAR MUKHIYA @ SHANKAR SON OF LATE BINO MUKHIYA RESIDENT OF VILLAGEVISHANPUR, P.S. SUPUAL, DIST- SUPAUL

¶4

... ... Petitioner/s

¶5

Versus

¶6

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nafisuzzoha For the Opposite Party/s : Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

¶7

3 28-08-2023

¶8

Heard learned counsel for the petitioner and learned A.P.P. for the State.

¶9

The petitioner is apprehending his arrest in connection with Supaul P.S. Case No. 875 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 354, 353, 427 of the Indian Penal Code.

¶10

As per prosecution case, while the informant was on patrolling at Nunupatti Chauk, she received secret information that people of village Bishanpur apprehended a suspicious woman. The informant reached there and saw that there was a crowd of 300-400 people near Hanuman Temple and they were assaulting a woman calling her child thief. Police tried to pacify the matter but the crowd got angry. It is further

¶11

Patna High Court CR. MISC. No.53000 of 2023(3) dt.28-08-2023 2/3

¶12

alleged that crowd attacked upon police by means of lathi and danda despite best effort being taken by police to pacify the crowd. It is alleged that petitioner is one among others identified by chaukidar.

¶13

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. Learned counsel further submits that there is no specific allegation against the petitioner rather the allegation is general and omnibus. Petitioner has nothing to do with the alleged occurrence. The petitioner has enemical term with the local chaukidar and due to which petitioner has falsely been implicated in the present case. Learned counsel further submits that petitioner is only a member of unlawful assembly whose name has been disclosed by local chaukidar. Except the disclosure of local chaukidar, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence.

¶14

The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

¶15

Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument

¶16

Patna High Court CR. MISC. No.53000 of 2023(3) dt.28-08-2023 3/3

¶17

advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in connection with Supaul P.S. Case No. 875 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

¶18

(Alok Kumar Pandey, J)

¶19

amitkr/-

¶20

U T

Shankar Mukhiya @ Shivshankar Mukhiya @ Shankar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Shankar Mukhiya @ Shivshankar Mukhiya @ Shankar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jagdish Korgiya @ Jagdish Korogiya @ Jagdish Yadav Vs the State of Bihar

Nawal Sahani Vs The State of Bihar

Nawal Mahto Vs The State of Bihar

Ajit Kumar Vs The State of Bihar

Akhilesh Kumar Vs The State of Bihar

Guddu Chaudhary Vs The State of Bihar