Biren Mukhiya vs The State Of Bihar on 18 April, 2014

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Patna High Court - Orders

Biren Mukhiya vs The State Of Bihar on 18 April, 2014

Bench: Rajendra Kumar Mishra

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.8745 of 2014
                 =====================================================
                 Biren Mukhiya, son of Mohit Mukhiya, resident of village-Khopaiti
                 Uttarbari Tola, P.S. District-Madhepura.
                                                                    .... .... Petitioner.
                                                  Versus
                 The State of Bihar
                                                               .... .... Opposite Party.
                 =====================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                 ORAL ORDER
                                                -------------

2   18-04-2014

Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.

The petitioner seeks bail in connection with Madhepura P.S. Case No.331 of 2013 registered under Sections 147, 148, 149, 452, 323, 324, 325, 307, 427 and 302 of the Indian Penal Code.

The allegation is that eight persons, named in the F.I.R., including the petitioner and 15-20 unknown, at the time of occurrence, started to demolish the under construction house of the informant and then Mohit Mukhiya caused injury to the husband of the informant through rod. Thereafter, the father-in- law of the informant was also assaulted by Ramen Mukhiya. The father-in-law of the informant, later on, died in course of treatment.

Learned counsel appearing on behalf of the petitioner submits that while the petitioner is named in the F.I.R. but no Patna High Court Cr.Misc. No.8745 of 2014 (2) dt.18-04-2014 2/2 specific overt act of causing injury to any one has been attributed to him. The petitioner is in custody since 27.6.2013. It is further submitted that the similarly situated co-accused, Balo Mukhiya, has already been granted bail by a Bench of this Court vide order dated 6.1.2014 passed in Criminal Misc. No.50613 of 2013.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No.331 of 2013.

(Rajendra Kumar Mishra, J) P.S./-

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Patna High Court - Orders