IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7442 of 2010 1. HARDEO MUKHIYA @ Harideo Mukhiya SON OF LATE RAMFAL MUKHIYA 2. VIJAY MUKHIYA SON OF PHULESHWAR MUKHIYA 3. RAMDEO MUKHIYA SON OF LATE SIYA MUKHIYA, ALL RESIDENTS OF VILLAGE BITHAN, P.S. BITHAN, DISTRICT SAMASTIPUR. Versus STATE OF BIHAR . ----------- For the petitioners: Mr. B.N.Sinha, Suman, Adv. For the State : Md. Ansarul Haque, A.P.P. ------ 2/ 18.03.2010 Heard learned counsel for the petitioners and learned Addl. P.P. for the State. Petitioners apprehend their arrest in a case instituted for the offence under sections 307, 379 and some other bailable offences of the Indian Penal Code. It is submitted by learned counsel for the petitioners that even if the entire prosecution case is accepted to be true for the sake of argument, though not admitted, no offence under sections 307 and 379 of the Indian Penal Code is made out against the petitioners. It is also submitted that petitioner no.1 is the duly elected Mukhiya of the Gram Panchayat and he had taken certain actions against the informant who is the Panchayat Secretary. It is further stated that on the report submitted by petitioner no.1, the informant was transferred from the Gram Panchayat and in the aforesaid background present false case has been instituted by the informant. - 2 - Learned Addl. P.P. has also not disputed the aforesaid position. Be that as it may, in the facts and circumstances of the case, let the above named petitioners, in the event of their arrest or surrender in the court below within four weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Bithan P.S.Case No. 60 of 2008, subject to the conditions as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/