Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7473 of 2015 Arising Out of PS.Case No. -550 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Mukesh Kumar Singh, S/o Late Shashi Bhushan Singh, Resident of Village Chamar Toli, Jinpura Road, Bihta, Police Station Bihta, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Prasad Singh, Advocate. For the Opposite Party/s : Mr. Ram Shankar Das, Spl.A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-04-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code and Section 27 of the Arms Act.

The informant Nishu Singh is the sister of the petitioner. The informant alleged that three persons came and knocked at the door. Her father came out. One of the miscreants fired at his father but, in the meantime, her mother also came down from the roof and disclosed that one of the miscreants was Anu V.C. Wala. The informant did not identify other two accused persons. The informant alleged that his elder brother Mukesh Kumar Singh (the petitioner) earlier killed his brother for partition of the property and also threatened to kill the father of the informant. She alleged that the petitioner and his wife conspired in

Patna High Court Cr.Misc. No.7473 of 2015 (3) dt.21-04-2015 2/2 killing of her father. It is submitted that there is no material to show that the petitioner is in any way involved in the killing of his father Ramji Kumar Singh.

Learned counsel for the State as well as the informant has stated that the petitioner has got criminal antecedent as he is accused in another murder case and another case is registered under Section 307 I.P.C.

Considering the facts that the petitioner was not even present at the place of occurrence and he is alleged to have conspired but no material of conspiracy has been collected during the course of investigation, the above named petitioner is directed to be enlarged 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 A.C.J.M., Danapur, Patna in Bihta P.S. Case No. 550/2014.

(Prabhat Kumar Jha, J) Dilip/- U T