Umesh Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9352 of 2023 Arising Out of PS. Case No.-951 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== UMESH MUKHIYA S/O Late Raman Mukhiya R/O Village- Chailaha ward No-4, P.S- Banjariya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 414/34 of the Indian Penal Code.
The allegation against the petitioner is that from his possession a stolen motorcycle has recovered. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to ulterior motive. He has committed no offence. Petitioner has apprehended on spot. He submitted that the co-accused Ram Dayal Mukhiya has taken the petitioner on his motorcycle for meeting his relation. On seeing the police, he left the motorcycle
Patna High Court CR. MISC. No.9352 of 2023(3) dt.20-06-2023 2/2 on the road and fled away and on mere suspicion, the police arrested the petitioner with the motorcycle. The trial of this case is triable by learned Judicial Magistrate. He is languishing in judicial custody since 02.10.2022.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Turkauliya P.S. Case No. 951 of 2022. (Sunil Kumar Panwar, J) arish/- U T