Govind Kumar Mukhiya @ Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77544 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- BITHAN District- Samastipur ====================================================== Govind Kumar Mukhiya @ Govind Kumar S/o- Ram Kumar Mukhiya @ Kari Mukhiya Resident of Village- Bithan PS- Bithan, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tusar Anand, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-11-2024 Heard Mr. Tusar Anand, learned counsel for the petitioner and the State.

2. The petitioner is in judicial custody in connection with Bithan P.S. Case No. 20 of 2024 for the offence punishable under Sections 392/34 of the Indian Penal Code lodged on 23.02.2024 by the informant, Lalan Poddar.

3. As per the prosecution story, the informant alleged that while he was returning on his Scooty having cash and the purchased articles (hairs), the accused intercepted and on the point of pistol, looted the cash/bag containing the hairs as also the weighing machine. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that though he is in custody since 24.02.2024 (para-4 of the petition), there is no recovery from his possession nor any TIP

Patna High Court CR. MISC. No.77544 of 2024(2) dt.11-11-2024 2/3 conducted. He has been implicated only because of his criminal antecedent, if granted bail, he shall be diligently appearing in trial and desist from getting in such cases, failing which the prosecution shall be free to take steps for cancellation of his bail bond.

5. Learned APP opposes the prayer submitting that he has criminal antecedent of the same nature.

6. Though, allegations are there, the fact remains that he is in custody since 24.02.2024 and nothing has been recovered from his conscious possession, as per the statement made, no TIP conducted and the petitioner undertakes to diligently appear in trial, this Court is inclined to extend him the privilege of bail with conditions.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate (First Class), Rosera or other successor Court, Samastipur, in connection with Bithan P.S. Case No. 20 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;

Patna High Court CR. MISC. No.77544 of 2024(2) dt.11-11-2024 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T