Patna High CourtCR. APP (SJ)/1428/2020bail granted

Indal Mukhiya v. The State Of Bihar

2020-12-11Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1428 of 2020 Arising Out of PS. Case No.-194 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== INDAL MUKHIYA Son of Lal Bahadur Mukhiya Resident of VillageKoirgawa, P.S.- Sangrampur, District- East Champaran. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Y. C. Verma, Sr. Adv.

Mr. Umesh Chandra Verma, Adv.

For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2020 Heard Mr. Y. C. Verma, learned senior counsel for the appellant and Mr. Binay Krishna, Special Public Prosecutor for the state through video conferencing.

2. The present appeal is directed against order dated 16.06.2020 passed by Additional Sessions Judge-1st-cum-Special Judge, SC/ST (POA) Act, East Champaran at Motihari in connection with Sangrampur PS Case No. 194/2019 for the offence registered under Sections 147, 302, 201 of the IPC and Section 3(2), (v) of the SC/ST (POA) Act, by which regular bail application of the appellant has been rejected.

3. The allegation, as per prosecution story, is that the appellant along with other accused persons arrived at the house of the informant and took her husband along with them for the purpose of cutting bamboo trees and subsequently, the dead body of the husband of the informant was found.

Patna High Court CR. APP (SJ) No.1428 of 2020(4) dt.11-12-2020 2/3

4. Learned senior counsel for the appellant submits that apart from the fact that appellant along with other accused persons, allegedly, took away the husband of the informant, no other material has come against the appellant to connect him with the present offence. Learned senior counsel further submits that except for the fact that appellant and other accused persons were last seen with the deceased, no other material has come against the appellant. Learned senior counsel next submits that a similarly situated co-accused person, namely, Prem Mukhiya @ Premchandra Mukhiya has been granted bail by a Bench of this Court vide Cr. Misc. No. 78824/2019 and the appellant is in custody since 16.02.2020.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused person has been granted bail by a Bench of this Court and the appellant is in custody since 16.02.2020, accordingly, the present appeal is allowed, setting aside the order dated 16.06.2020 passed by Additional Sessions Judge-1st-cumSpecial Judge, SC/ST (POA) Act, East Champaran at Motihari.

6. Accordingly, let the appellant, INDAL MUKHIYA be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st-cum-Special Judge, SC/ST (POA) Act, East Champaran at Motihari in connection with Sangrampur PS Case No. 194/2019.

Patna High Court CR. APP (SJ) No.1428 of 2020(4) dt.11-12-2020 3/3

7. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing. (Anil Kumar Sinha, J) perwez U T