Kailash Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21045 of 2018 Arising Out of PS. Case No.-136 Year-2017 Thana- KUSHESHWARSTHAN DistrictDarbhanga ====================================================== Kailash Mukhiya, son of Sri Gadushi Mukhiya, Resident of Village Sughvain, P.S. Kusheshwar Asthan, District - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate.

Mr. Nilesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 25-06-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Kusheshwar Ashthan P.S.Case No. 136 of 2017 registered under Sections 302/201/34 of the Indian penal Code. Allegation in brief is that FIR is against unknown. Two persons dead bodies were found lying in the field and during investigation, it transpired that those persons were killed because of having illicit relation with daughter-in-law of Jhoti Mukhia as per his confessional statement and he killed them with the help of his associates including the petitioner. Submission is that except disclosure of name of the petitioner in the confessional statement of Jhoti Mukhia, there is no other material against him and he is a man of clean antecedent and similarly situated co-accused Shivji Mukhia was

Patna High Court Cr.Misc. No.21045 of 2018(4) dt.25-06-2018 2/2 earlier admitted to bail by this Court vide Cr. Misc. No. 10653 of 2018.

Having considered the aforesaid facts and circumstances, the petitioner, namely, Kailash Mukhia, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Biraul at Darbhanga in connection with Kusheshwarasthan Tilkeshwar (OP) P.S. Case No. 136 of 2017 with condition that one of the bailor must be his close family member. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any reasonable cause, his bail bond shall be liable to be cancelled.

(Arun Kumar, J) sujit/- U T