Ram Narain Mukhiya @ Ram Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62780 of 2023 Arising Out of PS. Case No.-130 Year-2023 Thana- LADANIA District- Madhubani ====================================================== Ram Narain Mukhiya @ Ram Mukhiya Son Of Kari Mukhiya Resident Of Village- Jhalaun, Ps- Ladaniya, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav Mr. Ravi Prakash Mr. Udeshya Kumar Yadav For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, in the night of 25.05.2023, the father of the informant was shot by unknown as a result of which he succumbed to gun shot injury.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Neither the petitioner is named in the F.I.R. nor any incriminating articles have been recovered from his conscious possession. No one is the eye witness of the alleged occurrence. General and omnibus

Patna High Court CR. MISC. No.62780 of 2023(2) dt.05-10-2023 2/2 allegation has been levelled against the petitioner. From perusal of the confessional statement of deceased's wife namely, Sanju @ Manju Devi which is annexed with the F.I.R, it appears that the specific allegation against the co-accused Indradev Sahani. During investigation, no consistent evidence has come against the petitioner to show his involvement in the present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 27.05.2023.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhubani in connection with Ladaniya PS Case No. 130 of 2023.

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