Rishikesh Mukhiya v. The State Of Bihar

Patna High Court Cr.Misc. No.53163 of 2016 (3) dt.16-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53163 of 2016 Arising Out of PS.Case No. -308 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rishikesh Mukhiya, son of Adalat Mukhiya Resident of Village - Naurahi Telhua, Police Station - Nautan, District West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate. For the Opposite Party/s : Mr. Sri Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nautan P.S. Case No. 308 of 2015 registered under Sections 457, 380 and 411 of the Indian Penal Code.

On the basis of the written report of Head Master, Government Primary School Kurmi Tola, Khaira, present case has been instituted regarding theft of bags of rice of Mid Day Meal on breaking the door of the store of the school. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. but in course of investigation, Ashok Mukhiya and Krishna Mukhiya, own brothers of the

Patna High Court Cr.Misc. No.53163 of 2016 (3) dt.16-12-2016 petitioner, have been arrested by the police and Krishna Mukhiya, who is an inimical term with the petitioner, has disclosed the name of this petitioner due to land dispute. Further submission is that petitioner has no criminal antecedent.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Nautan P.S. Case No. 308 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T