Prem Mukhiya @ Premchandra Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78824 of 2019 Arising Out of PS. Case No.-194 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== PREM MUKHIYA @ PREMCHANDRA MUKHIYA Son of Mohan Mukhiya Resident of Village - Koirgavan, P.S.- Sangrampur, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Advocate For the State :

Mr. Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-03-2020 Heard learned Senior Counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing for the State of Bihar.

This application for regular bail arises out of Sangrampur P.S. Case No. 194 of 2019, disclosing the offences under Sections 147, 302 and 201 of the Indian Penal Code.

Allegedly, the petitioner and other persons had accompanied the deceased. The allegation, as disclosed in the First Information Report is that the deceased was subsequently found dead.

Mr. Yogesh Chandra Verma, learned Senior

Patna High Court CR. MISC. No.78824 of 2019(3) dt.19-03-2020 2/3 Counsel appearing on behalf of the petitioner has submitted that except for the fact that the petitioner and other persons were last seen with the deceased, there is no material against him.

Learned Additional Public Prosecutor appearing on behalf of the State of Bihar has not been able to refer any material from the case diary showing direct involvement of the petitioner in commission of the offence. The petitioner is in custody since 17.09.2019.

Considering the facts and circumstances of the case as noted above particularly, the fact that the petitioner's implication is based only on the ground that he was last seen along with other co-accused persons with the deceased, this application is allowed. 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 learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Sangrampur P.S. Case No. 194 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required

Patna High Court CR. MISC. No.78824 of 2019(3) dt.19-03-2020 3/3 and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T