Birju Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54800 of 2019 Arising Out of P.S. Case No.-87 Year-2018 Thana- GADHPURA District- Begusarai ====================================================== Birju Mukhiya, aged about 19 years, Male, Son of Jay Jay Ram Mukhiya Resident of Village - Katahri Gadhpura, P.S.- Gadhpura, District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nilesh Kumar, Advocate For the Opposite Party :

Mr. Mithlesh Kumar Khare, APP For the Informant :

Mr. Ajay Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and perused the case diary.

The petitioner is in custody in connection with Gadhpura P.S.Case No.87 of 2018 registered for an offence under Sections 302, 364, 341, 323 and 307/34 of the Indian Penal Code.

As per prosecution case, it is alleged that this petitioner and four others alleged to have assaulted the deceased by stick, iron rod and brick.

It is submitted on behalf of the petitioner that informant is not an eye witness to the alleged occurrence. There is delay of eight days in lodging the FIR without explaining the plausible reason. He further submits that similarly situated co-

Patna High Court CR. MISC. No.54800 of 2019(3) dt.25-10-2019 2/2 accused has already been granted bail by a coordinate Bench of this Court in Cr.Misc.No.5617 of 2019 dated 08.03.2019. Petitioner has got no criminal antecedent and is in custody since 22.06.2019, chargesheet having been submitted. Considering the aforesaid facts and circumstances, let 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 Additional Chief Judicial Magistrate-IV, Begusarai in connection with Gadhpura P.S.Case No.

87 of 2018 with following conditions:- (i) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below. (ii) If the petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. B.Kr.