Dinesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20488 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== DINESH MUKHIYA SON OF TANUK LAL MUKHIYA R/O VILLAGESINBARA, WARD NO.11, P.S.- UDAKISHUNGANJ, DISTRICTMADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.

As per the prosecution case, while the informant was travelling in his vehicle and reached near a brick-kiln, it is stated that 8-10 accused persons armed with various weapons assaulted the informant and took away Rs.12,000/ besides other articles mentioned in the F.I.R. It is stated that in the meantime, a police vehicle arrived and two accused persons namely Vikash Kumar and the petitioner herein were caught. Others managed to escape.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.20488 of 2022(4) dt.11-01-2023 2/2 that the petitioner has been falsely implicated in the case. He was caught under a misunderstanding. No incriminating article has been recovered from his possession nor has he been put on T.I. parade. His case stands on a similar footing to that of Vikash Kumar who has been enlarged on bail vide order dated 9.12.2022 passed in Cr. Misc. no.50655 of 2022. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 28.7.2021, chargesheet having been submitted without putting the petitioner on T.I. parade together with grant of bail to coaccused Vikash Kumar, the Court directs the petitioner to be enlarged on bail in connection with Udakishunganj P.S. Case no.194 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st Class, Udakishunganj, District-Madhepura. (Partha Sarthy, J) Saurabh/- U T