Pintu Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5109 of 2025 Arising Out of PS. Case No.-301 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== Pintu Mukhiya S/o Jhagaru Mukhiya @ Mangru Mukhiya R/o vill - Padraun, P.S.- Yogapatti, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Yogapatti P.S. Case No. 301 of 2024 instituted for the offences under Sections 191(2), 191(3), 126(2), 115(2), 109, 74, 303(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.
3. Accusation against the petitioner is that he along with other co-accused person assaulted one Raju Mukhiya on his head by means of iron rod, as a result of which he sustained injuries.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and
Patna High Court CR. MISC. No.5109 of 2025(2) dt.06-02-2025 2/3 omnibus allegation has been made against the petitioner. Learned counsel further submitted that the only specific allegation levelled against the petitioner is that he along with one co-accused persons assaulted one Raju Mukhiya on his head. Learned counsel further submitted that the injuries sustained by the Raju Mukhiya is simple in nature. There is case and counter-case between the parties. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.10.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, nature of injury sustained by the injured, case and counter-case between the parties and petitioner having clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Yogapatti P.S. Case No. 301 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.5109 of 2025(2) dt.06-02-2025 3/3 the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T