Panchu Mukhiya @ Panchchu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30462 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- CHORAUT District- Sitamarhi ====================================================== Panchu Mukhiya @ Panchchu Mukhiya, Son Of Suita Mukhiya, Resident Of Village-Parigama, Ps-Choraut, Dist-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parwej Khan, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Choraut P.S. Case No. 132 of 2022 for the offence registered under Section 302 and 34 of the I.P.C.

As per prosecution case, allegation against the petitioner is that he along with other accused persons killed the son of the informant by pressing his mouth by pillow and tried to dispose of the dead body.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has further submitted that there is general and omnibus allegation against all the accused persons including the petitioner. There is no eye witness of the incident and in Choraut P.S. U.D. Case No. 2 of 2022 lodged by the wife of the deceased, the police has

Patna High Court CR. MISC. No.30462 of 2023(2) dt.13-06-2023 2/2 already submitted the final form. He has further submitted that other similarly situated co-accused namely Raj Kumari Devi and Manju Devi have been granted anticipatory bail by this Court vide order dated 08.02.2023 passed in Cr. Misc. No. 69546 of 2022 and other co-accused namely Lalit Mukhiya @ Tulsiya Mukhiya has been granted regular bail by this Court vide order dated 24.04.2023 passed in Cr. Misc. no. 1746 of 2023. He further submits that charge-sheet has already been submitted and there is no chance of absconding of the petitioner or tampering with the evidence.

Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, 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 learned Judicial Magistrate 1st Class, Pupri at Sitamarhi in Choraut P.S. Case No. 132 of 2022.

(Sunil Dutta Mishra, J) khushbu/- U T