Shatrughan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45063 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- HARLAKHI District- Madhubani ====================================================== Shatrughan Mukhiya Son of Late Sukhdev Mukhiya Resident of Village - Barhi, P.S. - Harlakhi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Harlakhi P.S. Case No. 211 of 2018 (G.R. No. 771 of 2018), registered for the offence punishable under Section 302 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Further submission is that there is admitted land dispute and both the parties are agnates. The petitioner is in custody since 29.11.2018.

Learned A.P.P. appearing for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner of assaulting the deceased which led to his

Patna High Court CR. MISC. No.45063 of 2019(5) dt.22-11-2019 2/2 death.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, I am not inclined to grant bail to the petitioner. Prayer for bail is accordingly, rejected.

However, the petitioner will be at liberty to renew his prayer for bail after three months, if there is no substantial progress in the trial.

(Arvind Srivastava, J) S.Katyayan/- U T