Patna High CourtCR. MISC./41285/2021bail granted

Suresh Mukhiya v. The State Of Bihar

2022-01-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41285 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Suresh Mukhiya Son Of Nagendra Mukhiya Resident of Village - Kharua, P.S.- Kundwa Chainpur, Distt.- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Ms. Rashmi Jha, Advocate Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Kundwa Chainpur P.S. Case No. 28 of 2020, disclosing offence punishable under Sections 341, 307, 504, 34 of the Indian Penal Code and 27 of Arms Act.

Learned counsel for the petitioner states that the petitioner is in custody since 16.4.2021. He contends that even if the case of the prosecution is treated to be correct, the

Patna High Court CR. MISC. No.41285 of 2021(3) dt.06-01-2022 2/2 allegation is against the co-accused, who is said to have opened fire, allegedly at the instance of the petitioner. The petitioner can, at the maximum, be said to be the order giver. Considering the fact that there is no specific allegation of assault against this petitioner in the F.I.R. and that he has remained in custody since 16.04.2021, this application is allowed.

Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount, each to the satisfaction of learned A.C.J.M.-I, Sikaharna, Dhaka, East Champaran in Kundwa Chainpur P.S. Case No. 28 of 2020.

(Chakradhari Sharan Singh, J) K.K.RAO/- U T