Mukhiya @ Rajpal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18943 of 2025 Arising Out of PS. Case No.-824 Year-2024 Thana- BIHAR District- Nalanda ====================================================== Mukhiya @ Rajpal Kumar Son of Nandlal Prasad Resident of Village - Patuana, P.S. - Bihar, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with G.R. No. 7022 of 2024, arising out of Bihar P.S. Case No. 824 of 2024, instituted for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, some unknown miscreants entered into the house of the informant at night and on the point of pistol looted cash, jewellery and other articles from his house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.18943 of 2025(2) dt.07-04-2025 2/2 the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused person and the same has got no evidentiary value. It is further submitted that neither any recovery of looted articles have been made from the petitioner nor any T.I. parade has been conducted in this case. The petitioner is in custody since 23.11.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with G.R. No. 7022 of 2024, arising out of Bihar P.S. Case No. 824 of 2024. (Rudra Prakash Mishra, J) Rajorshi/- U T