Ashok Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3084 of 2024 rising Out of PS. Case No.-185 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Ashok Mukhiya Son of Late Ramashish Mukhiya Resident of Village-Nari, P.S.-Laukahi, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== 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

Patna High Court CR. MISC. No.3084 of 2024(2) dt.24-01-2024 2/2 jail since 05.07.2023.

6. Learned APP for the State vehemently opposed the 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 Additional Judicial Magistrate-I, Jhanjharpur, Madhubani 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 and 4th 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) Saif/- U T