Mukhiya @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72986 of 2024 Arising Out of PS. Case No.-531 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Mukhiya @ Ajay Kumar S/O Deowali Rai Resident of Village- Nayatola Simri, P.S- Bakhtiyarpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Barbigha P.S. Case No. 531 of 2023 instituted for the offences under Section 395 of the Indian Penal Code.

3. As per prosecution case, the informant is the Area Manager of Ashirvad Micro Finance Ltd. and he is posted at Akhorigola. It is alleged that some unknown persons attacked his Branch and looted away gold, Cash of Rs. 2,11,245/- and other articles.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.72986 of 2024(3) dt.26-10-2024 2/2 transpired in this case on the basis of confessional statement of the co-accused Krishna Murari and Vikash Kumar who has already been granted bail by this Court vide order dated 08.04.2024 passed in Cr. Misc. No. 25592 of 2024. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.07.2024 and has three criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barbigha P.S. Case No. 531 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T