Patna High CourtCR. MISC./41617/2016bail granted

Bino Mukhiya v. The State Of Bihar

2016-10-17Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41617 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -SONBERSA District- SAHARSA ====================================================== Bino Mukhiya S/o Asarphi Mukhiya a resident of village - Barahi (Ashnahi Tola) P.S. - Sonbarsa Raj O.P. Kashnagar, District Saharsa. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. R. C. Thakur, Mr. Kamal Kishore Singh, Advocates For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.02.2016 in connection with Sonbarsa Raj/Kashnagar O.P. P.S. Case No. 18 of 2016 for the offences alleged under Sections 363, 364/34 of the Indian Penal Code and later on, Section 302/201 of the IPC has been added.

3. It is submitted that the petitioner has been falsely implicated owing to land dispute. Except such suspicion, there is no material to connect the petitioner with the alleged offence. Similarly situated co-accused Chandradeo Mukhiya has been granted bail by this Court in Cr. Misc. No. 39007 of 2016.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Saharsa in connection with Sonbarsa Raj/Kashnagar O.P. P.S. Case No. 18 of 2016 with the following conditions:

Patna High Court Cr.Misc. No.41617 of 2016 (2) dt.17-10-2016 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Chandran U T