Patna High CourtCR. MISC./49426/2022bail granted

Raj Kumar Mukhiya v. The State Of Bihar

2022-12-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49426 of 2022 Arising Out of PS. Case No.-170 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== RAJ KUMAR MUKHIYA S/O LATE PODDAR MUKHIYA @ FAUDDAR MUKHHIYA Resident of village- Rajghat, P.S.- Singhiya, DistrictSamastipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 302, 379, 504 and 506 of the Indian Penal Code.

Prosecution allegation, in short, is that the accused persons, variously armed, forming an unlawful assembly attacked on the house of the informant and assaulted the husband of the informant and family members due to which the husband of the informant died in course of treatment.

Patna High Court CR. MISC. No.49426 of 2022(2) dt.21-12-2022 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.05.2022 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is said to be member of the unlawful assembly. No overt act is alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds 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. 170 of 2022. (Sudhir Singh, J) Pankaj/- U T