Dhiro @ Durganand Kumar Mukhiya @ Durganand Mukhia @ Dhiro Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53927 of 2023 Arising Out of PS. Case No.-78 Year-2020 Thana- RANIGANJ District- Araria ====================================================== Dhiro @ Durganand Kumar Mukhiya @ Durganand Mukhia @ Dhiro Mukhiya S/O Vaidyanath Mukhiya R/O Village- Balbhadra Nagar Ward No. 03, Ps. Birpur, Dist. Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code. The prosecution case in nutshell is that the accused persons including the petitioner and some unknown persons have assaulted the husband of informant, namely, Dinesh Mukhia due to which he succumbed to injuries. It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have

Patna High Court CR. MISC. No.53927 of 2023(2) dt.28-08-2023 2/3 committed no offence. They have falsely been implicated in the present case. There is no eye witness of the alleged offence rather the name of petitioner sprang up in this case merely on the basis of suspicion. There is no consistent material evidence found against the petitioner. Similarly situated co-accused has already been granted bail by this Court vide order dated 20.04.2023 passed in Cr. Misc. No. 1150 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 15.02.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Raniganj P.S. Case No. 78 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.53927 of 2023(2) dt.28-08-2023 3/3 learned Sub Divisional Judicial Magistrate, Araria. (Sunil Kumar Panwar, J) manishkumar/- U