Jang Bahadur Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16647 of 2018 Arising Out of PS.Case No. -36 Year- 2014 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jang Bahadur Mukhiya, Son of Late Timan Mukhiya, Resident of Village- Bathna, P.S.- Banjaria, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Ramgarhwa P.S. Case No. 36/2014 registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is the samdhi of one Lal Bahadur Mukhiya who had participated in the Panchayati in which the parties were having a land dispute. It is further submitted that subsequent to the Panchayati, the body of the Agnesh Mukhiya was recovered from the railway track. However, there is no eye-witness to the occurrence and merely because he is a relative of the said Lal Bahadur Mukhiya, the petitioner's name has figured on the

Patna High Court Cr.Misc. No.16647 of 2018 (2) dt.05-04-2018 2/2 basis of the suspicion. It is further submitted that the co-accused persons namely, Lal Bahadur Mukhiya and Manoj Mukhiya have since been extended the privilege of bail in cr. Misc. No. 8145 of 2016 and Cr. Misc. No. 1901 of 2016 vide order dated 31.08.2016 and 22.01.2016 respectively.

Having considered the entire facts and circumstances of the case and for the aforesaid reasons, let the petitioner in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned S.D.J.M., Raxaul, Motihari, in connection with Ramgarhwa P.S. Case No. 36/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U