Mukesh Khaira v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64508 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== MUKESH KHAIRA Son of Langru Khaira @ Ramkhelawan Khaira @ Legru Khaira R/v- Amrasani Kol, P.S.- Laraiya Tand, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 147, 148, 149, 121A, 124A, 342, 302, 506 of the Indian Penal Code and sections 16, 17, 18, 19, 20, 21 and 22 of U.A.P. Act.

As per the prosecution case, the petitioner and the coaccused persons along with unknown nexalites are alleged to have committed murder of Parmanand Tuddu, newly elected Mukhia of Ajimganj Panchayat, District-: Munger.

Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.64508 of 2022(2) dt.22-03-2023 2/2 petitioner is innocent and has falsely been implicated in this case. No Prima Facie case is made out against the petitioner. The informant is a police officer and the FIR is based on hearsay input. Learned counsel has further submitted that charge-sheet has already been submitted against the petitioner. There is general and omnibus allegation against the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench vide order dated 29.11.2022 passed in Cr. Misc. No. 18205 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.05.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Munger in connection with Laraiya Tand P.S. Case No. 101 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T