Suresh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25102 of 2025 Arising Out of PS. Case No.-330 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== Suresh Mukhiya S/o Late Newani Mukhiya R/o Village- Bakhi, P.S.- Yogapatti, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Smita Shreyash, Advocate :

Mr. Niraj Kumar Sharma, Advocate :

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

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner apprehends his arrest in connection with Yogapatti P.S. Case No. 330 of 2024 instituted for the offences under Sections 103, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the petitioner along with other co-accused person poisoned the husband of the informant due to which he died and later on, the accused persons threatened the informant that they will kill her too.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The

Patna High Court CR. MISC. No.25102 of 2025(4) dt.29-08-2025 2/3 name of the petitioner transpired in this case on the basis of suspicion. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that no independent witness supported the case of the prosecution. He further contended that the cause of death of the deceased has not been ascertained as per the post-mortem report. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. Learned counsel further submitted that the co-accused person has already been granted regular bail by this Court vide order dated 10.07.2025 passed in Cr. Misc. No. 20363 of 2025.

5. Learned A.P.P. 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, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Yogapatti P.S. Case No. 330 of 2024, subject to the conditions as laid down

Patna High Court CR. MISC. No.25102 of 2025(4) dt.29-08-2025 3/3 under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T