Raju Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52093 of 2025 Arising Out of PS. Case No.-137 Year-2024 Thana- Madhubani T District- Purnia ====================================================== Raju Mukhiya S/o- Bhagvat Mukhiya Resident of Village- Ward No-26, Bhidki, P.S-Madhepura Sadar Dist. Madhepura Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Madhubani P.S. Case No. 137 of 2024 instituted for the offences under Sections 305A, 331(4) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that some unknown miscreants broke into the house of the informant and committed theft of gold worth Rs. 21 lakhs and silver worth Rs. 3 lakhs as also Rs. 10,000/- in cash.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.52093 of 2025(3) dt.11-11-2025 2/3 transpired in this case during investigation on the basis of cell tower location. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the theft articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.03.2025 and has nine criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhubani P.S. Case No. 137 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.52093 of 2025(3) dt.11-11-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T