Patna High CourtCR. MISC./58726/2021bail rejected

Digambar Mukhiya v. The State Of Bihar

2022-02-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58726 of 2021 Arising Out of PS. Case No.-95 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== DIGAMBAR MUKHIYA S/O TRILOKI MUKHIYA R/o villageMahindwar, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Jha Raman For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2022 Heard learned counsel for the petitioner and the State. The matter has been taken up through video conferencing.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 307 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons surrounded the informant when he was returning to his house by motor cycle, they assaulted him with Katta and snatched cash of Rs. 25,00/-.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation. No incriminating article has been recovered from the possession of

Patna High Court CR. MISC. No.58726 of 2021(2) dt.07-02-2022 2/2 the petitioner and till date the petitioner has not been put on Test Identification Parade. Petitioner claims clean antecedent and is in custody since 01.12.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that name of this petitioner has been specifically disclosed by the informant/ injured in his restatement that this petitioner caused injury to him by iron rod. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T