Madan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40816 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Madan Mukhiya Son of Munni Lal Mukhiya, R/o Village- Hathiyahi, P.S.- Piprakothi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 04.05.2017 in connection with Fenhara P.S. Case No. 25 of 2017 for offences punishable under Sections 379, 411, 413, 414, 465, 468, 471, 474, 34 of the Indian Penal Code and Sections 25(1-b) a/26/35 of the Arms Act.

The prosecution case, as lodged by the police patrolling party, is that they apprehended one Arum Kumar @ Arun Sahni and from his possession one country-made loaded pistol was recovered, who disclosed the name of the petitioner and one another as his accomplice, who were engaged in loot of motorcycle. Thereafter the house of the petitioner was raided and outside the house one motorcycle,

Patna High Court Cr.Misc. No.40816 of 2017 (2) dt.29-08-2017 2/3 alleged to be stolen one, was recovered, and, accordingly, seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, nothing has been recovered from his conscious possession and confessional statement of the co-accused before the police has no evidentiary value in the eye of law. He submits that one of the co-accused has been granted privilege of bail by coordinate Bench of this Court in Cr. Misc. No. 38286 of 2017 on 16.08.2017. He further submits that arms have not been recovered, hence, provisions of Arms Act is not applicable against him. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 12th Addl. Chief Judicial Magistrate, East Champaran at Motihari, in connection with Fenhara P.S. Case No. 25 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner and if the petitioner indulges in an offence of similar nature in

Patna High Court Cr.Misc. No.40816 of 2017 (2) dt.29-08-2017 3/3 future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T