Ajay Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44354 of 2023 Arising Out of PS. Case No.-105 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.
Ajay Mukhiya Son Of Suresh Mukhiya Resident Of Village- Sughrain, PsKusheshwar Asthan, Dist- Darbhanga 2.
Brajesh Mukhiya Son Of Suresh Mukhiya Resident Of Village- Sughrain, Ps- Kusheshwar Asthan, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. A. Shamsi, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioners and learned A.P.P for the State.
3. The petitioners have preferred this application for grant of regular bail in connection with Kusheshwar Asthan P.S. Case No. 105 of 2022 dated 18.03.2022 registered for the offences punishable u/ss 341, 323, 302, 504 and 506 read with section 34 of the Indian Penal Code.
4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant's
Patna High Court CR. MISC. No.44354 of 2023(2) dt.31-07-2023 2/3 husband when he was going to sleep, due to that he got injured and became unconscious. Thereafter, the co-accused Suraj Mukhiya @ Chhatilal Mukhiya also assaulted on the head of the informant's husband with iron rod due to that he died on the spot.
5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. There is no specific allegation of assault against the petitioners. The specific allegation of assaulting the informant's husband with iron rod is against the co-accused Suraj Mukhiya @ Chhatilal Mukhiya. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 15.03.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Biraul (Darbhanga) in connection with
Patna High Court CR. MISC. No.44354 of 2023(2) dt.31-07-2023 3/3 Kusheshwar Asthan P.S. Case No. 105 of 2022.
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T