Patna High CourtCR. MISC./33116/2025bail granted

Mugrim Sah v. The State Of Bihar

2025-07-23Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33116 of 2025 Arising Out of PS. Case No.-296 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== Mugrim Sah S/O Ramnarayan Sah R/O Village- Nautan, P.S- Kalya, Distt.- Bara Nepal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Raxaul (Haraiya) P.S. Case No. 296 of 2022 dated 23.06.2022 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 324, 326, 302, 379, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant's son. It is further alleged that the accused persons also looted motorcycle, SIM card and Rs. 20,000/- from the informant's son.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.33116 of 2025(2) dt.23-07-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused, Lawkesh Kumar Kushwaha @ Lokesh Kumar. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus in nature. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.06.2022. The co-accused persons have already been granted regular bail by the Coordinate Bench of this Court vide order dated 21.04.2023 passed in Cr. Misc. No. 59859 of 2022.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Raxaul (Haraiya) P.S. Case No. 296 of 2022, with a condition:-

Patna High Court CR. MISC. No.33116 of 2025(2) dt.23-07-2025 3/3 (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T