Allowed

Jhunjhun Mukhiya v. The State of Bihar

Patna HC2 Apr 2025CR. MISC./14203/2025

Case brief

AI extract

What is this about?

The Patna High Court allowed the petitioner's bail petition. The court directed the petitioner to be enlarged on bail in the event of arrest under the procedural safeguards of Section 438(2) Cr.P.C.

What did the court decide?

Petitioner enlarged on bail subject to furnishing a bond of Rs. 10,000 with two sureties of similar amount to the satisfaction of the learned Judicial Magistrate.

Jhunjhun Mukhiya Vs The State of Bihar — Bail and Remand | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14203 of 2025

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Arising Out of PS. Case No.-473 Year-2024 Thana- CHIRAIYA District- East Champaran

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

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Jhunjhun Mukhiya Son Of Raghunath Mukhiya, R/o Village-Aamgachhi, P.S.-Chiraiya, District-East Champaran, Motihari

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the State : Mr. Akbar Ali, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 02-04-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail, apprehending his arrest, in connection with Chiraiya P.S. Case No. 473 of 2024 dated 20.11.2024, filed for the offence punishable under Section 309(4) of BNS, 2023.

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As per allegation, robbery has been committed by unknown persons against the informant by snatching Rs.35,000/-.

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Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is not named in the F.I.R. and F.I.R. has been lodged against unknown persons. He further submits that no recovery has been made from conscious

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Patna High Court CR. MISC. No.14203 of 2025(2) dt.02-04-2025 2/3

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possession of the petitioner.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

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However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

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Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Sikarana at Dhaka, East Champaran at Motihari, in connection with Chiraiya P.S. Case No. 473 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

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(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after

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Patna High Court CR. MISC. No.14203 of 2025(2) dt.02-04-2025 3/3

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hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

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(Jitendra Kumar, J.)

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ravishankar/-

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U T

Jhunjhun Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jhunjhun Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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