Patna High CourtCR. MISC./2792/2024bail granted

Fagu Mukhiya @ Fagnun @ Fagua @ Fagun v. The State Of Bihar

2024-01-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2792 of 2024 Arising Out of PS. Case No.-185 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Fagu Mukhiya @ Fagnun @ Fagua @ Fagun S/o Dhanik Lal Mukhiya R/o vill-Nari, P.S-Laukahi, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Laukahi P.S. Case No 185 of 2023 registered for the offence under Section 394 of the Indian Penal Code.

3. As per the prosecution case, a Motorcycle, a Mobile Phone and Rs. 6300/- was looted from the informant by the accused persons and the name of the petitioner has surfaced during investigation and materials have come to connect the petitioner with the alleged crime.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and there is no recovery from the petitioner.

5. It is also submitted by the learned counsel for the petitioner that the petitioner has clean antecedent and he is in jail since 25.09.2023.

6. Learned APP for the State vehemently opposed the

Patna High Court CR. MISC. No.2792 of 2024(2) dt.24-01-2024 2/2 prayer of the petitioner for grant of bail by contending that the looted motorcycle was recovered from one co-accused who has confessed his guilt and has named the petitioner as one of the participants of the loot.

7. Considering the aforesaid facts and the period of custody, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-I, Jhanjharpur in connection with Laukahi P.S. Case No. 185 of 2023.

9. As a condition of this order, the petitioner, after being released on bail is directed to mark his attendance at Laukahi Police Station on first Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner. (Sandeep Kumar, J) Vikas/- U T