Ganga Ram Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52692 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== Ganga Ram Mukhiya S/o Late Sonelal Mukhiya @ Monelal Mukhiya R/o village- Sisauna, P.O.- Kewatgama, P.S.- Kusheshwar Asthan, DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395, 397, of the Indian Penal Code and Section 27 of the Arms Act subsequently Section 412 and 120B of the Indian Penal Code.

As per prosecution case, informant alleged that on 07.04.2022, 5-6 unknown miscreants forcefully entered in the Punjab National Bank and upon pistol point committed robbery and looted total 41,79,457/- lacs rupees from the

Patna High Court CR. MISC. No.52692 of 2022(5) dt.04-05-2023 2/3 said bank. It is further alleged that cash of Rs. 2,44,800/- from one Bhupendra Kumar and from Suryaknat Prakash Rs. 1,30,500/- and from Manjeet Kumar Rs. 84,000/- were also looted by the miscreants.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that recovered amount from the house of the petitioner i.e. (2,30,000/-) is said to be his own amount as he has withdrawn it from Central Bank of India in the month of March, April and May for the purpose of marriage of his daughter and other functions in his family, in support of this Annexure-5 has been annexed with this petition. The petitioner is languishing in judicial custody since 02.06.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge

Patna High Court CR. MISC. No.52692 of 2022(5) dt.04-05-2023 3/3 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Biraul P.S. Case No. 122 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Biraul, Darbhanga.

(Sunil Kumar Panwar, J) Manish/- U T