Indal Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29764 of 2018 Arising Out of P.S.Case No. -101 Year- 2017 Thana -MADHEPUR District- MADHUBANI ====================================================== Indal Mukhiya, S/o Sifat Mukhiya, R/o Village- Dighiya, P.S.- Nirmali, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner is in custody in connection with Madhepur P.S.Case No.101 of 2017 registered for an offence under Section 395 of the IPC.

It has been submitted that the case has been registered against 13 unknown miscreants. In course of investigation, two miscreants Raju Mukhiya and Bhuban Mukhiya were apprehended by the police. They confessed their complicity in the crime and disclosed the name of this petitioner. Nothing has been recovered from the possession of the petitioner nor he has been put on test identification parade till date. The apprehended accused who disclosed the name of the petitioner have been allowed bail by

Patna High Court Cr.Misc. No.29764 of 2018 (4) dt.02-07-2018 2/2 another coordinate Benches of this Court in Cr.Misc.Nos.20524 of 2018 and 22064 of 2018. The petitioner is in custody since 08.12.2017.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-II, Jhanjharpur, Madhubani in connection with Madhepur P.S.Case No.101 of 2017 with following condtions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T