Nand Kishore Mukhiya @ Nand Kishor Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7415 of 2025 Arising Out of PS. Case No.-102 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Nand Kishore Mukhiya @ Nand Kishor Mukhiya S/O Mushafir Mukhiya R/O Ward no. 12, Siswa, Managalpur, P.S.- Srinagar, Dist.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-05-2025 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner and Mr. Umeshanand Pandit, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Pipra Kothi P.S. Case No. 102 of 2024, dated 15.05.2024, for the offences punishable under Sections 399, 401, 402, 413, 414, 34 of the Indian Penal Code and u/s 25(1b)a, 26, 35 of the Arms Act.
3. According to prosecution case, one loaded country made pistol of .315 bore from the waist and one live cartridge of .315 bore from the left pocket of paint and one mobile from the right pocket of the paint was recovered from the accused persons.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.7415 of 2025(4) dt.14-05-2025 2/3 implicated in the present case. The name of the petitioner has surfaced in this case on the basis of confessional statement of apprehended co-accused persons namely, Dilip Kumar and Pradeep Kumar. It appears from the seizure list that the arms have been recovered from the possession of apprehended coaccused persons. No incriminating material has been recovered from the conscious possession of the petitioner.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of this case, petitioner having clean antecedent, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Sadar Motihari, East Champaran in connection with Pipra Kothi P.S. Case No. 102 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.7415 of 2025(4) dt.14-05-2025 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ranjeet/- U T