Patna High CourtCR. MISC./1721/2019disposed

Jarman Mukhiya @ Jarban Mukhiya v. The State Of Bihar

2019-03-07Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1721 of 2019 Arising Out of PS. Case No.-211 Year-2016 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Jarman Mukhiya @ Jarban Mukhiya, aged 27 yrs. (Male), son of Bisheshwar Mukhiya, Resident of Village- Jibudihuli, P.S.- Singhiya, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Ehteshamuddin For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Kusheshwar Asthan P.S. Case No. 211 of 2016 registered for the offence punishable under Sections 302 and 379/120(B) of the Indian Penal Code. Informant has alleged that his nephew, namely, Birendra Yadav and Pramod Yadav were returning home and when they reached near village, Barra, they saw that Shashi Yadav, Rakesh Yadav, Baiju Mukhiya were holding son of the informant and the petitioner was cutting his neck. Informant is not an eyewitness. Information received in Police Station on 20.10. 2016 where a FIR was registered on written complaint on 21.10.2016 at 1.00 p.m. Deceased was a veteran criminal. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.1721 of 2019(3) dt.07-03-2019 2/2 he is innocent and has falsely been implicated in this case due to village rivalry and enmity. Petitioner has no criminal antecedent and he is in custody since 30.11.2018.

Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, it is observed that the petitioner named above may renew his prayer for bail after framing of charges. (S. Kumar, J) Sanjay/- U T