Patna High CourtCR. MISC./39299/2018bail granted

Sukeshwar Mukhiya @ Sukesar Mukhiya v. The State Of Bihar

2018-07-06Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39299 of 2018 Arising Out of PS. Case No.-208 Year-2017 Thana- SONBERSA District- Sitamarhi ====================================================== Sukeshwar Mukhiya @ Sukesar Mukhiya S/o Late Pryag Mukhiya, R/o Vill.- Chilra, P.S.- Sonebarsa, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP 190 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

This is a petition for grant of regular bail in connection with S. Tr. No. 20 of 2018 arising out of Sonebarsa P.S. Case No. 208 of 2017 for offences under Sections 302, 504 and 506/34 of the Indian Penal Code. Allegation, in brief, is that the petitioner chased the informant's brother and assaulted with lathi at his back as a result of which he sustained injury and brought to Primary Health Center where he was declared dead.

Learned counsel for the petitioner submits that the allegation is false and fabricated and the petitioner is implicated in this case due to enmity, which is reflected from the post mortem report of the deceased which clearly reveals that there

Patna High Court Cr.Misc. No.39299 of 2018(2) dt.06-07-2018 2/2 was no external injury on the dead body and the cause of death is due to cardiac arrest and due to chronic illness of liver and spleen.

Having considered the aforesaid facts and circumstances, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with S. Tr. No. 20 of 2018 arising out of Sonebarsa P.S. Case No. 208 of 2017 to the satisfaction of the Sessions Judge, Sitamarhi.

(Arun Kumar, J) Shamshad/- U T