Arjun Mukhiya @ Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10805 of 2022 Arising Out of PS. Case No.-100 Year-2021 Thana- BALTHAR District- West Champaran ====================================================== ARJUN MUKHIYA @ ARJUN KUMAR Son of Khedaru Mukhiya Resident of Village- Basantpur, P.S.- Sathi, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Adv.

For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks bail in connection with Balthar P.S. Case No. 100/2021 registered for the offences punishable under Sections 393/34of the Indian Penal Code and Section 37(c) of the Bihar Prohibition and Excise Act. As per prosecution case, the allegation against the petitioner alongwith other accused persons is of assaulting the informant and tried to rob his motorcycle in the state of drunkenness. The petitioner was not apprehended on the spot and his name has surfaced on the basis of confessional statement of co-accused, namely, Ranjeet Sah and Vikash Kumar who

Patna High Court CR. MISC. No.10805 of 2022(2) dt.01-07-2022 2/3 were apprehended on the spot.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner was not apprehended on spot and nothing has been recovered from the conscious possession of the petitioner. He further submits that no T.I. Parade was conducted and the name of petitioner has surfaced on the basis of confessional statement of co-accused, namely, Ranjeet Sah and Vikash Kumar. The petitioner is languishing in custody since 22.09.2021 and bears criminal antecedent of four cases of similar nature in which he is on bail. Charge sheet has been submitted in this case and there is no likelihood of tampering the evidence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge has already been submitted, petitioner was not apprehended on spot and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special

Patna High Court CR. MISC. No.10805 of 2022(2) dt.01-07-2022 3/3 Judge, Excise, Bettiah, West Champaran in connection with Belthar P.S. Case No. 100/2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) 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.

(Alok Kumar Pandey, J) amitkumar/- U T