Raj Kumar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13662 of 2024 Arising Out of PS. Case No.-427 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== RAJ KUMAR MUKHIYA S/O KAPOOR CHANDRA MUKHIYA @ LATE KHARPUJAN MUKHIYA R/O VILLAGE- RAJBANNI, P.S- BIRAUL, DISTT.- DARBHANGA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Biraul P.S. Case No. 427 of 2022, registered for the offences punishable under Sections 302 of the Indian Penal Code.

3. The informant states in the FIR that on 28.11.2022 her husband went out of his house but did not return. In next morning, one Vijay Sada informed that her husband was murdered and his dead body was lying in east of Kichka Tol Mushahari. The informant, her sons and daughter went there and saw the dead body of her husband. They also noticed the excessive bleeding and the injury was caused by sharp cutting

Patna High Court CR. MISC. No.13662 of 2024(4) dt.25-07-2024 2/2 weapon. A blood-soaked towel was also found there. The FSL team came and took the dead body of her husband.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated. No one has seen the occurrence and there is missing link in the chain of circumstantial evidences. His further submission is that the petitioner has been implicated in this case only on the basis of suspicious and he is under custody since 02.12.2022.

5. On the other hand, learned APP, Shri J.N. Thakur opposed the prayer for bail by submitting that during investigation it was detected that the blood-soaked towel belonged to the petitioner. The police also recovered a dagger, one shirt and one lungi from the house of the petitioner along with blood-soaked towel which was lying near the dead-body.

6. Considering the above-mentioned facts and circumstances, the complicity of the petitioner prima facie appears in the occurrence, as such, he does not deserve the privilege for bail.

(Nawneet Kumar Pandey, J) SONALI/- U T