Mahesh Singh @ Mahesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5351 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- AMARPUR District- Banka ====================================================== Mahesh Singh @ Mahesh Mandal S/o- Late Rajendra Singh @ Rajendra Mandal Village- Kushumkhar Ps- Amarpur Dist- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indeshwari Prasad Mandal, Adv.
For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Amarpur P.S. Case No. 338 of 2023, lodged on 14.05.2023 under Sections 307, 34 of the Indian Penal Code read with section 27 of the Arms Act and later on, added section 302 of the Indian Penal Code.
3. As per the prosecution case, FIR has been lodged against 8-10 unknown accused persons and during the investigation, the name of the petitioner has been figured in this case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the rejection order of the Additional District
Patna High Court CR. MISC. No.5351 of 2024(2) dt.07-02-2024 2/3 and Sessions Judge-V, Banka has critically analyse the case diary in which the name of the petitioner has figured only either on suspicion or on the confessional statement of one Pramod Singh. Counsel further submits that the said Pramod Singh has been granted bail by the co-ordinate Bench of this Court vide order dated 06.12.2023 passed in Cr. Misc. No. 64656 of 2023.
5. Learned counsel for the petitioner submits that the antecedent of the petitioner is not clean and there are three criminal cases pending against him in which he is on bail. The petitioner is in custody since 21.05.2023 in the present case.
6. Learned APP for the State opposes the prayer for bail of the petitioner.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 338 of 2023.
8. However, the petitioner shall be granted bail only after Trial Court on being satisfied with the affidavit to be submitted by the petitioner before the Trial Court indicating
Patna High Court CR. MISC. No.5351 of 2024(2) dt.07-02-2024 3/3 therein that he is not absconding in any of the cases pending against him whose details are as follows:- (I)- Amarpur P.S. Case No. 99 of 2021.
(II)- Amarpur P.S. Case No. 100 of 2021.
(III)- Amarpur P.S. Case No. 254 of 2020.
(Dr. Anshuman, J.) Divyansh/- U T