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Patna High CourtCR. MISC./3555/2023bail rejected

Ravi Mukhiya v. The State Of Bihar

2023-06-21Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3555 of 2023 Arising Out of PS. Case No.-173 Year-2022 Thana- BAHERI District- Darbhanga ====================================================== Ravi Mukhiya Son of Jiwachh Mukhiya R/V- Dhavauli Tola Shima, P.SBaheri, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidya Nath Prasad, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP For the Informant : Mr. Kedar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 09.06.2022 in connection with Baheri P.S. Case No. 173 of 2022, F.I.R. dated 07.06.2022 for the offences punishable under Sections 302/34 of the Indian Penal Code.

According to prosecution case, all the accused persons including the petitioner armed with weapons have killed the husband of the informant by continuously attacking on him with

Patna High Court CR. MISC. No.3555 of 2023(3) dt.21-06-2023 2/2 khanti and dagger.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case due to the admitted land dispute between the parties.

The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that the allegation as alleged in the F.I.R. is also supported by the postmortem report of the deceased and there is direct allegation against the petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Baheri P.S. Case No. 173 of 2022 pending in the court of learned Additional District Judge 11th, Darbhanga. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T