High Court Patna High Court - Orders

Ram Prasad Mukhia vs The State Of Bihar on 2 July, 2010

Patna High Court – Orders
Ram Prasad Mukhia vs The State Of Bihar on 2 July, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Cr.Misc. No.14439 of 2010
            RAM PRASAD MUKHIA, SON OF SRI SUNDAR MUKHIA,
            RESIDENT OF VILLAGE BERMA, P.S. MADHEPUR
            (R.S. SHIVIR), DISTT. MADHUBANI.
                               Versus
                        THE STATE OF BIHAR
                            -----------

5. 2.7.2010. At the time of argument, learned counsel

for the petitioner produced certified copy of order

dated 24.6.2010 passed in Cr. Misc. No.16567 of

2010. Keep it on record.

Perused the report send by the Additional

Sessions Judge, F.T.C.II, Madhubani, which is kept

at flag ‘C’. The report shows that in this case,

charges have already been framed on 19.3.2010 and

summons have been issued against the witnesses.

A prayer for bail of this petitioner was

earlier rejected on second occasion by order dated

4.3.2010 passed in Cr. Misc. No.31271 of 2009. The

prayer for bail of this petitioner was rejected on

4.3.2010 on the ground that petitioner’s prayer for

bail was earlier rejected on 23.4.2009 vide Cr.

Misc. No.5692 of 2009, since there was no change in

the circumstances. While rejecting bail of this

petitioner by order dated 4.3.2010, it was observed

that petitioner will be at liberty to renew his

prayer for bail after framing of the charges.

In this case, charges have already been
2

framed. However, during this period, one of the co-

accused, namely, Muneshwari Devi approached this

Court for grant of bail vide Cr. Misc. No.16567 of

2010, which was allowed on 24.6.2010.

In view of the changed circumstance as well

as in view of the fact that co-accused has already

been granted privilege of bail, there is no reason

to deny the prayer for bail in respect of this

petitioner. Accordingly, prayer for bail is

allowed.

Let the petitioner above named be released

on bail on his furnishing bond of Rs.10,000/- (ten

thousand) with two sureties of the like amount each

to the satisfaction of A.D.J./F.T.C. 2nd, Madhubani

in Madhepur (R.S. Shivir) P.S. Case No.225 of 2007

on the same terms and conditions, which have been

imposed in Cr. Misc. No.16567 of 2010 by its order

dated 24.6.2010.

( Rakesh Kumar,J.)
N.H./