Indal Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71083 of 2024 Arising Out of PS. Case No.-5 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== Indal Mukhiya Son of Lal Bahadur Mukhiya Resident of village - Koirgawa, P.S.- Sangrampur, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for offence under Sections 302 and 34 of the Indian Penal Code.
3. As per prosecution case, all the FIR named accused persons including this petitioner and 20-25 unknown miscreants were damaging the boundary wall of the informant and when informant and his son objected, all the accused persons assaulted them. In the meantime, this petitioner and other coaccused namely Sabbi Mukhiya, Munna Mukhiya and Shambhu Mukhiya caught hold of son of informant and co-accused Chandeshwar Mukhiya gave axe blow on the chest of informant's son, as a result of which, he died.
4. Learned counsel for the petitioner submits that specific accusation of assault is against co-accused
Patna High Court CR. MISC. No.71083 of 2024(3) dt.09-05-2025 2/2 Chandeshwar Mukhiya. This petitioner is only alleged to have caught hold of son of informant. Petitioner is in custody since 12.08.2024.
5. Learned A.P.P. for the State vehemently opposes the prayer for bail and submits that this petitioner alongwith other accused persons caught hold of son of informant and thereafter, co-accused Chandeshwar Mukhiya gave axe blow to him, as a result of which, son of informant died. Besides this, petitioner has got 14 criminal antecedent.
6. Considering the nature of accusation and criminal antecedent, the prayer for bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay U T