Patna High CourtCR. MISC./6237/2024bail granted

Vishwananth Mukhiya @ Shiv Nath Mukhiya v. The State Of Bihar

2024-03-01Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6237 of 2024 Arising Out of PS. Case No.-158 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== Vishwananth Mukhiya @ Shiv Nath Mukhiya S/O Rajendra Mukhiya R/O Village- Sauhas, P.S- Bisfi (PATAUNA), Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Benipatti P.S. case No. 158 of 2020 instituted for the offences under Sections 448, 341, 323, 307, 302, 380, 427, 504/34 of the Indian Penal Code..

3. Prosecution allegation, in short, is that owing to land dispute going on in the family, the accused persons including the petitioner assaulted the son of the informant due to which he sustained injuries and later succumbed to the injuries.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. There is admitted land dispute between the parties. Specific allegation of assault is

Patna High Court CR. MISC. No.6237 of 2024(3) dt.01-03-2024 2/3 alleged against three accused persons including the petitioner. The petitioner is in custody since 04.09.2023 and has no criminal antecedent. Co-accused namely Akhilesh Mukhiya against whom similar allegation was made has been granted bail by a Coordinate Bench of this Court vide order dated 08.08.2022 passed in Cr. Misc. No. 12056 of 2022..

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, clean antecedent of the petitioner and the claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Benipatti P.S. case No. 158 of 2020 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.6237 of 2024(3) dt.01-03-2024 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T