Partly allowed

Yado Mukhiya and Anr. v. The State Of Bihar

Patna HC21 Dec 2018CR. MISC./70562/2018

Case brief

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What is this about?

The High Court rejected the immediate bail application of petitioners charged underSections 304/34 IPC due to direct death allegations. However, the court permitted bail release after serving six months of judicial custody.

What did the court decide?

Petitioners released on bail after completion of six months of judicial custody upon furnishing a bail bond of Rs. 10,000 with two sureties.

Yado Mukhiya and Anr. Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.70562 of 2018

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Arising Out of PS. Case No.-562 Year-2018 Thana- TURKAULIYA District- East Champaran

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======================================================

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Yado Mukhiya

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Madho Mukhiya Both are sons of Tulsi Mukhiya Resident of VillageChailaha Bind Toli, P.S. Banjariya (Turkauliya), Distt.-East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER

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3 21-12-2018 Heard learned counsel for the parties.

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Petitioner seeks bail in Turkauliya (Banjariya) P.S. Case No. 562 of 2018 registered for the offence punishable under Sections 341, 323, 307, 504, 302/34 of the Indian Penal Code.

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Allegations against the petitioners and other coaccused persons is to have pushed the old father of the informant as a result of which he died.

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Considering the facts and circumstances of the case that there is direct allegation against the petitioners, I am not inclined to enlarge the petitioners on bail at this stage. Hence, the prayer for bail of the petitioners is hereby rejected.

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However, after completion of 6 months in judicial

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Patna High Court Cr.Misc. No.70562 of 2018(3) dt.21-12-2018 2/2

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custody , the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 562 of 2018 with following conditions:-

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(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

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(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

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(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

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(S. Kumar, J)

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Sanjay/-

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U T

Yado Mukhiya and Anr. v. The State Of Bihar

Case brief

What is this about?

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Yado Mukhiya and Anr. v. The State Of Bihar

Case brief

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