Patna High CourtCR. MISC./10444/2020bail granted

Rajesh Mukhiya v. The State Of Bihar

2020-02-29Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10444 of 2020 Arising Out of PS. Case No.-439 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== Rajesh Mukhiya Son of Laxman Mukhiya Resident of Village - Bara Jairam, P.S.- Chiraiya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Chiraiya P.S. Case No. 439 of 2019, disclosing offence punishable under Section 307 and other allied Sections of the Indian Penal Code. The petitioner is in custody since 23.11.2019. Learned counsel appearing on behalf of the petitioner has submitted that there are eight persons named in the FIR including this petitioner and allegation of assault is against coaccused Rukesh Mukhiya and Laxman Mukhiya. She contends that there is no specific allegation of assault against this petitioner.

I find substance in the submission made on behalf of the petitioner on perusal of the FIR. This application is allowed.

Patna High Court CR. MISC. No.10444 of 2020(2) dt.29-02-2020 2/2 Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Addl. Chief Judicial Magistrate, Sikrahana at Dhaka, East Champaran in Chiraiya P.S. Case No. 439 of 2019. This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T