Budhan Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78155 of 2023 Arising Out of PS. Case No.-783 Year-2022 Thana- SUPAUL District- Supaul ====================================================== BUDHAN MUKHIYA S/o- UMESH MUKHIYA Village- Jagatpur W.No-7, Ps- Supaul Dist- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Jha, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code pending in the learned court below.
3. As per the FIR, there is allegation against the petitioner that he along with others co-accused persons has killed the son of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is not named in the FIR. He submits that on the basis of the confessional statement of the co-accused and call details of the deceased the petitioner has been made accused in this case. He further submits that
Patna High Court CR. MISC. No.78155 of 2023(2) dt.21-12-2023 2/2 there is no specific overt act against the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.
6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Supaul P.S. Case No. 783 of 2022. Accordingly, his prayer for anticipatory bail is hereby rejected.
7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.
(Anjani Kumar Sharan, J) ajay/- U T