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Patna High CourtCR. MISC./80572/2023allowed

Ram Adhar Mukhiya v. The State Of Bihar

2023-12-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80572 of 2023 Arising Out of PS. Case No.-230 Year-2023 Thana- ALOULI District- Khagaria ====================================================== RAM ADHAR MUKHIYA S/O UMESH MUKHIYA VILLAGEBUDHAURA, PS. BAHADURPUR (ALAULI), DIST. KHAGARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354 (B) r/w 34 of the Indian Penal Code and Section 12 of the POCSO Act.

3. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Petitioner has got three criminal antecedents mentioned in Para 3 of the bail application in which he is on bail. He further submits that there is specific overt act against the co-accused Sowarath Mukhiya, brother of the petitioner. There is no specific overt act against the petitioner rather there is general and omnibus allegation against the petitioner. There is admitted

Patna High Court CR. MISC. No.80572 of 2023(2) dt.18-12-2023 2/2 land dispute between the parties and Title Suit case is also pending.

4. Learned APP for the State has opposed the prayer for bail.

5. Having regard to the facts and circumstances of the case and also there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending / successor Court in connection with Alauli P.S. Case No. 230 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Ranjeet/- U T