Panchanand Mukhiya @ Panchanand Mukhia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18693 of 2020 Arising Out of PS. Case No.-104 Year-2019 Thana- BAUSI District- Araria ====================================================== 1.

Panchanand Mukhiya @ Panchanand Mukhia Son of late Gujan Mukhiya Resident of Village - Lakunwa Ward No. 06, P.S.- Bounsi, Distt - Araria. 2.

Akhilesh Mukhiya Son of Panchanand Mukhiya Resident of Village - Lakunwa Ward No. 06, P.S.- Bounsi, Distt - Araria. 3.

Pramod Mukhiya Son of Panchanand Mukhiya Resident of Village - Lakunwa Ward No. 06, P.S.- Bounsi, Distt - Araria. 4.

Bucho Mukhiya Son of Panchanand Mukhiya Resident of Village - Lakunwa Ward No. 06, P.S.- Bounsi, Distt - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-09-2020 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners have filed the instant application for grant of regular bail in connection with Bounsi P.S Case no. 104 of 2019 registered under sections 302, 307 and 341 of the Indian Penal Code.

As per allegation in the FIR, 13 named accused persons including the petitioners herein and three unknown are said to have come variously armed and killed Birendra Yadav, brother of the informant.

Patna High Court CR. MISC. No.18693 of 2020(3) dt.01-09-2020 2/2 It is submitted by learned counsel for the petitioners that the allegations are general and omnibus in nature. The petitioners are in custody since 5.2.2020 and have no criminal antecedent. It is further submitted that the case of the petitioners stands on a similar footing to that of other FIR named accused who have been enlarged on bail by different orders including the order dated 25.2.2020 passed in Cr. Misc. no. 84087 of 2019. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the grant of bail to the other similarly situated coaccused, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Bounsi P.S. Case no. 104 of 2019 on each of them furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Araria. (Partha Sarthy, J) Prakash/- U