Patna High CourtCR. MISC./52819/2021bail granted

Faguni Mukhiya v. The State Of Bihar

2022-03-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52819 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- MANIGACHI District- Darbhanga ====================================================== FAGUNI MUKHIYA S/O LATE RUPLAL MUKHIYA R/o village- Bathiya, P.S.- Manigachi, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha, Adv.

For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 419, 420, 467, 468 and 34 of the Indian Penal Code.

As per the prosecution case, a sum of Rs.11.66 lacs was withdrawn by one Rajesh Mukhiya from the account of Ward Implementation and Management Samiti of the village with the help of the Cashier-cum-Assistant in the Bank. It is further stated in the F.I.R. that the amount was redeposited back in the said account in the Bank.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only for the reason that Rajesh Mukhiya happens to be the nephew of this petitioner. The allegations against the petitioner are false

Patna High Court CR. MISC. No.52819 of 2021(2) dt.09-03-2022 2/2 and concocted. The petitioner is in custody since 23.6.2021 and investigation in the case is complete. The petitioner has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the statement in the F.I.R. that the amount illegally withdrawn has been deposited by Rajesh Mukhiya together with the petitioner having remained in custody for over 8 months, the Court directs the petitioner to be enlarged on bail in connection with Manigachi P.S. Case no.43 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate V, Darbhanga.

(Partha Sarthy, J) Saurabh/- U T