Musafir Mukhiya @ Mushafir Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74148 of 2019 Arising Out of PS. Case No.-487 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== MUSAFIR MUKHIYA @ MUSHAFIR MUKHIYA, aged about 45 years, (M), S/o Jokhu Mukhiya R/o village- Mirjapur, P.S.- Bettiah Muffasil, District- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Brij Kishor Mishra, Advocate.

For the Opposite Party :

Mr.Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in a case for the offence registered under Sections 342, 323, 324, 325, 307, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that co-accused Ram Chandra Mukhiya walked the informant from his house outside the village on the pretext of attending the call of nature and at the particular place, the petitioner and five others pounced upon him. At the behest of Ramchandra Mukhiya, three of the accused persons fractured the right leg of the informant with blows of Lathes beating him black and blue. There is allegation of snatching of Rs. 1200/- and a chain from the informant, besides his Mobile. The police took the informant to the hospital after getting information in this regard.

Patna High Court CR. MISC. No.74148 of 2019(2) dt.27-11-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 20.09.2019. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The specific allegation of assault alleged against Sukhal Mukhiya, Rajesh Mukhiya and Chanman Mukhiya. As far as the petitioner is concerned, general and omnibus allegation has been made against him. No specific overt act is alleged against the petitioner.

On behalf of the State and informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bettiah, West Champaran, in connection with Bettiah Muffasil P.S. Case No. 487 of 2019.

(Sudhir Singh, J) U.K./- U T