Mahendra Singh @ Mandes Singh @ Mandes Kumar Singh @ Mandesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5976 of 2023 Arising Out of PS. Case No.-96 Year-2022 Thana- MATIHANI District- Begusarai ====================================================== Mahendra Singh @ Mandes Singh @ Mandes Kumar Singh @ Mandesh Kumar Singh S/O Late Krishnandan Singh Resident Of Village- Ramdiri, Bhawanandpur, P.S.- Matihani, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 341, 385, 34 of the Indian Penal Code and Section 27 of Arms Act.

As per prosecution case, the informant alleged that 4-5 days prior to this incident, co-accused Guddu Singh demanded 50,000/- as ransom otherwise he would be killed. On 23.7.2022, while the informant was returning from Mahabir Asthan, in the meantime, the accused persons including the petitioner surrounded him and one Vikki

Patna High Court CR. MISC. No.5976 of 2023(2) dt.01-05-2023 2/3 Kumar from behind fired upon him due to which he sustained injuries.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR, the specific allegation of firing upon the informant has been attributed to co-accused Vikki Kumar and so far the petitioner is concerned, a general and omnibus allegation leveled against him. It is further submitted that ransom demand has not been executed. Similarly situated coaccused has already been granted bail by this Court vide order dated 25.04.2023 passed in Cr. Misc No. 13420 of 2023. The petitioner is languishing in judicial custody since 16.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Matihani P.S. Case

Patna High Court CR. MISC. No.5976 of 2023(2) dt.01-05-2023 3/3 No. 96 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Begusarai.

(Sunil Kumar Panwar, J) Manish/- U T