Raju Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68368 of 2024 Arising Out of PS. Case No.-454 Year-2024 Thana- SAHAYAK NAGAR District- Katihar ====================================================== Raju Mukhiya S/o Late Bhagwat Mukhiya Resident of Village- Bhirki, P.S.- Madhepura, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-10-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Nagar Sahayak P.S. Case No. 454 of 2024 for the offences punishable under Sections 414, 399, 402, 323, 307, 353, 332 of the Indian Penal Code and Sections 25(1-B)a, 26, 27, 35 of the Arms Act and Sections 8(c), 21(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. As per allegation, on a secret information, the informant along with police personnel reached the place of occurrence and apprehended four miscreants, who disclosed the name of the petitioner and other accused persons. In course of search, one country-made pistol, three live cartridges a mobile set and 20 small packets of smack was recovered from the possession of the co-accused Kalua @ Gurudev Sah whereas from possession of petitioner, one motorcycle and two mobile sets was recovered.

Patna High Court CR. MISC. No.68368 of 2024(2) dt.01-10-2024 2/2

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that nothing was recovered from his conscious possession. The petitioner is a person of clean antecedent and is under custody since 29.06.2024. He has also submitted that on exactly similar footing co-accused Md. Afroj @ Md. Afjal has been granted bail by this Court in Cr. Misc. No. 66976 of 2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar in connection with Nagar Sahayak P.S. Case No. 454 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T