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Patna High CourtCR. MISC./84062/2023allowed

Ram Udgar Mukhiya And ANR v. The State Of Bihar

2024-02-07Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84062 of 2023 Arising Out of PS. Case No.-185 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== 1.

Ram Udgar Mukhiya And Anr Son Of Ramdev Mukhia Resident Of VillageNary, P.S.- Laukah, District- Madhubani 2.

Rajiv Mukhia Late Devilal Mukhia Resident Of Village- Nary, P.S.- Laukah, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Nibash Prasad For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 394 of the Indian Penal Code.

3. As per prosecution case, one motorcycle, a mobile phone and Rs. 6,300/- was looted from the informant by the accused persons and the name of the petitioners have surfaced during investigation and materials have come to connect the petitioners with the alleged crime.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.84062 of 2023(3) dt.07-02-2024 2/3 that petitioners have been falsely implicated in this case. They have committed no offence. Both the petitioners are the legal and valid members of Laukahi Prakhand Matsyajivi Sahyog Samiti Ltd. He further submitted that the petitioners are named in the FIR and allegation is that the petitioners and other F.I.R. named accused persons surrounded the informant and took Rs. 3,800/- and one mobile phone and motorcycle also on 03.07.2023 but F.I.R. was lodged on 04.07.2023 against named accused persons is created false and fabricated one. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 24.01.2024 passed in Cr. Misc. No. 3084 of 2024. They are languishing in judicial custody since 05.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate,

Patna High Court CR. MISC. No.84062 of 2023(3) dt.07-02-2024 3/3 1st, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 185 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T