Nandan Mukhiya @ Nandan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4539 of 2015 Arising Out of P.S. Case No. -59 Year- 2013 Thana - BITHAN BAZAR District- SAMASTIPUR ====================================================== Nandan Mukhiya @ Nandan Sahni, Son of Lakshmi Mukhiya, resident of Village - Sakhwa, P.S. Bithan, District - Samastipur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2015 Heard both sides.

The petitioner seeks regular bail in Bithan P.S. Case No. 59 of 2013 registered under Section 302 and other sections of the Indian Penal Code.

The informant alleged that his son had gone to purchase mutton but Pankaj Yadav, Fokasia Yadav and 7/8 other unknown persons assaulted his son and his son died. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. There is no allegation against the petitioner. During the course of supervision, the name of the petitioner figured in the case. Fokasia Yadav, one of the named accused, has already been enlarged on bail vide Cr. Misc. No. 51879/2013. Another co-accused Mohan Mukhiya @ Mohan Sahni has also been enlarged on bail vide Cr. Misc. No.

Patna High Court Cr.Misc. No.4539 of 2015 (2) dt.03-02-2015 2/2 10688/2014.

On perusal of the records, it appears that the petitioner is not named in the F.I.R. Fokasia Yadav and Pankaj Yadav along with 7/8 other unknown persons have assaulted the son of the informant with fists and slaps. The name of the petitioner figured in the case in the supervision note. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manjur Alam, Judicial Magistrate 1st Class, Rosera, Samastipur in Bithan P.S. Case No. 59 of 2013. (Prabhat Kumar Jha, J) Dilip/- U T