Mohan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51038 of 2018 Arising Out of PS. Case No.-5 Year-2018 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Mohan Mukhiya, Son of Ram Bharosh Mukhiya, Resident of VillageSakhawa, P.S.- Bithan, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Yadav For the Opposite Party/s :

Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Kusheshwar Asthan P.S. Case No. 05 of 2018 registered for the offences punishable under Section 307 of the Indian Penal Code and under Section 27 of the Arms Act. Informant in his fardbeyan has stated that when he was sitting at the tea shop, three miscreants came there on motorcycle and one of them fired upon him from which he got injured and thereafter taken to the hospital for treatment. There is no injury report. Chargesheet has been submitted. Identification is based on hearsay.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.51038 of 2018(3) dt.04-10-2018 2/2 that he is innocent and has committed no offence. He has been falsely implicated in this case. There is no specific allegation against petitioner. He is in custody since 05.03.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Biraul, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 05 of 2018.

(S. Kumar, J) Rajiv/ManojU T