Bauli Mukhiya @Baili Mukhiya v. The State Of Bihar

Patna High Court Cr.Misc. No.15739 of 2015 (3) dt.10-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15739 of 2015 Arising Out of PS.Case No. -104 Year- 2014 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Pramod Mukhiya Son of Sitian Mukhiya resident of village - Kalyan Dhol, P.S. - Sadar, District - Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.36111 of 2015 Arising Out of PS.Case No. -104 Year- 2014 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Bauli Mukhiya @Baili Mukhiya Son of Sitain Mukhiya and resident of village - Kalyan Dhol, P.S. Sadar, District - Darbhanga .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.15739 of 2015) For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Ajay Kumar Jha(App) (In Cr.Misc. No.36111 of 2015) For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. A.M.P. Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 10.09.2015 Both the above stated petitions arise out of Bahadurpur P.S. Case no. 104/2014 registered under sections 395, 396, 412 of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order.

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Patna High Court Cr.Misc. No.15739 of 2015 (3) dt.10-09-2015 One mobile set and some ornaments were recovered from the house of the petitioners but except seized mobile phone, there is nothing on the record to show that seized ornaments were looted property of the present case because seized articles have not been put on test identification parade as yet. So far as mobile phone is concerned, the aforesaid mobile belongs to cousin of the informant. Petitioners do not have any criminal antecedent as is evident from respective para 3 of the petition but it is informed that after institution of the present case, petitioner in Cr. Misc. no. 361112015 was remanded in one another case also and are languishing in jail custody since 12.10.2014.

Accordingly, petitioners are directed to be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in Bahadurpur P.S. Case no. 104/2014. shahid (Hemant Kumar Srivastava,J) U T