Patna High CourtCR. MISC./45513/2016bail granted

Bhushan Mukhiya v. The State Of Bihar

2016-12-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45513 of 2016 Arising Out of PS.Case No. -216 Year- 2015 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Bhushan Mukhiya Son of Ramchandra Mukhiya Resident of village - Bhatandi, P.S. Rosera, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

This application is for grant of anticipatory bail for the offence under Sections 302, 201 and 120 (B) of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR and for the first time, the name of the petitioner transpired in Para No.41 of the case diary when the wife of the deceased disclosed about the hands of the petitioner along with others.

It has further been submitted that one of the co-accused, whose name also transpires in Para 41 of the case diary, has already been granted anticipatory bail by this Hon'ble Court, vide

Patna High Court Cr.Misc. No.45513 of 2016 (2) dt.16-12-2016 2/2 order dated 21.06.2016 passed in Cr. Misc. No.17057 of 2016. Heard learned A.P.P. also.

Having heard both sides and in view of the facts as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, 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 ACJM-III, Rosera, District-Samastipur in connection with Hasanpur P.S.Case No.216 of 2015, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

The petitioner is directed to co-operate in the investigation of the case and he will appear before the police on each and every date, if required, and he will also co-operate in the disposal of the trial of the case.

(Vinod Kumar Sinha, J) chn/- U T