Budhan Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11792 of 2024 Arising Out of PS. Case No.-783 Year-2022 Thana- SUPAUL District- Supaul ====================================================== BUDHAN MUKHIYA S/O UMESH MUKHIYA R/O VILLAGEJAGATPUR (WARD NO.-7), P.S- SUPAUL, DISTT.- SUPAUL. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-02-2024
1. Heard the parties.
2. Petitioner seeks regular bail in connection with Supaul P.S. Case No. 783/ 2022 dated 16.08.2022 registered for the offence(s) punishable under Section(s) 302, 120B read with section 34 of the Indian Penal Code.
3. The main submissions advanced by learned counsel for the petitioner are that petitioner is not named in the F.I.R., two co-accused persons, namely, Vikash @ Vikash Kumar Yadav and Zahir @ Md. Zahir, who are named in the F.I.R., have been granted bail by co-ordinate Benches of this court vide orders passed in Cr. Misc. Nos. 73927 of 2022 and 13900 of 2023 respectively and case of the petitioner stands on better footing from the above-named accused persons as against him even no suspicion was raised in the F.I.R. and except confessional statements recorded by the said co-accused persons, there is no
Patna High Court CR. MISC. No.11792 of 2024(2) dt.28-02-2024 2/2 material against the petitioner to connect him to the alleged crime. Further submissions are that petitioner has got no criminal antecedent and he has been languishing in jail since 05.01.2024 and against him, investigation has been completed.
4. Learned APP appearing for the State opposes the bail prayer.
5. In the facts and circumstances of the case and considering the above submissions and mainly the privilege of bail having been granted to the named co-accused persons mentioned above and petitioner's name surfaced in the confessional statements of the said co-accused persons discussed in the impugned order and also taking into account the petitioner's fair and clean antecedent and completion of investigation against him, this court is inclined to accept his bail prayer. Accordingly, let the petitioner named-above be released on bail in connection with Supaul P.S. Case No.783 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) BKS/- U T