Raju Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13128 of 2019 Arising Out of PS. Case No.-762 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== RAJU MUKHIYA, aged about 26 Yrs (M), Son of Bhagwat Mukhiya, Resident of village-Bhirkhi, PS- Madhepura, District- Madhepura. ... ... ........ ...... ........Petitioner

Versus

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

For the Petitioner :

Mr.Dinesh Prasad Verma, Advocate.

For the Opposite Party :

Mrs.Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 19.09.2018 in a case for the offence registered under Sections 457, 380 and 411 of the IPC.

The prosecution story, in brief, is that on the alleged date and time of occurrence, the informant and his family members were out of house and the police party were on duty to take care of his house. On 15.09.2018 at about 5.00 A.M., the informant got information that criminals took away the huge quantity of ornaments as well as two Laptops from his house by

Patna High Court CR. MISC. No.13128 of 2019(3) dt.02-05-2019 2/3 breaking the lock of the house and also broken the lock of Godrej Almirah.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of confessional statement of co-accused. The recovered articles were kept in joint house of the petitioner. The said articles have not been put on T.I. Parade to ascertain whether the said articles are stolen property or not. Other co-accused have been granted bail by another Co-ordinate Bench of the Court vide Cr. Misc. No. 678 of 2019 order dated 18.01.2019 and Cr. Misc. No. 80336 of 2018 order dated 30.01.2019. .

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M.

Patna High Court CR. MISC. No.13128 of 2019(3) dt.02-05-2019 3/3 Madhepura, in connection with Madhepura P.S. Case No. 762 of 2018.

U.K./- (Sudhir Singh, J) U T