Raghav Kumar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28982 of 2024 Arising Out of PS. Case No.-66 Year-2023 Thana- GHOGHARDIHA District- Madhubani ====================================================== Raghav Kumar Mukhiya Son of Dev Narayan Mukhiya Vill- Dighiya Tol, P.S- Ghoghardiha, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the State :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-07-2024 Heard learned counsel for the Petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with S.T. Case No. 12 of 2024, arising out of Ghoghardiha P.S. Case No. 66 of 2023 dated 24.04.2023 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. Mr. Jitendra Bharti, learned counsel appearing for the petitioner submits that the FIR of the present case was registered against unknown persons and during investigation, name of this petitioner has surfaced in the statement of coaccused Jitan Mukhiya who has been granted bail by this Bench vide order dated 03.08.2023 passed in Cr. Misc. No. 48192 of 2023 and some other co-accused persons namely, Suraj Kumar

Patna High Court CR. MISC. No.28982 of 2024(2) dt.05-07-2024 2/3 and Vikash Kumar @ Vikash Kumar Kamat have also been granted bail by this Court vide order dated 25.08.2023 passed in Cr. Misc. Nos. 51108 of 2023 and 51543 of 2023. It is further submitted that except confessional statement of co-accused Jitan Mukhiya, there is no incriminating material against this petitioner. Further submission is that the petitioner has got no criminal antecedent and he has been languishing in jail since 26.04.2023 and the police did not recover any incriminating material from the petitioner after he was taken into custody and even no test identification parade was conducted in respect of the petitioner.

4. Mrs. Anita Kumari, learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Considering the above submissions and mainly taking into account the custody period of the petitioner and the privilege of bail having been granted to the above-mentioned co-accused persons by this Bench and co-ordinate Bench of this Court and also, the clean antecedent of the petitioner, this Court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in

Patna High Court CR. MISC. No.28982 of 2024(2) dt.05-07-2024 3/3 connection with S.T. Case No. 12 of 2024, arising out of Ghoghardiha P.S. Case No. 66 of 2023.

(Shailendra Singh, J) maynaz/- U T