Nago Mukhia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14835 of 2019 Arising Out of PS. Case No.-300 Year-2018 Thana- RANIGANJ District- Araria ====================================================== NAGO MUKHIA Son of Bishundeo Mukhia Resident of Village - Barbanna Ward No.6, P.S.- Raniganj, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 302, 364 and 120(B) of the Indian Penal Code.

Complainant who is the son of the deceased has alleged that due to old enmity, petitioner along with FIR named accused kidnapped his father and forcibly made him to engulf acid as a result of which he died.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to previous enmity. Allegation against petitioner is false and

Patna High Court CR. MISC. No.14835 of 2019(2) dt.04-04-2019 2/3 concocted. There is case and counter case between the parties. He is in custody since 15.11.2018.

Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Raniganj P.S. Case No. 300 of 2018, with following condition:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court CR. MISC. No.14835 of 2019(2) dt.04-04-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U