Bakhori Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22467 of 2016 Arising Out of PS.Case No. -103 Year- 2015 Thana -KARAI PARSURAI District- NALANDA (BIHARSHARIFF) ====================================================== Bakhori Singh, son of Late Ghamandi Singh, resident of villageMahaddinagar, P.S.- Karaiparsurai, District- Nalanda .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Subhash Kumar For the Opposite Party/s : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in connection with Karaiparsurai P.S. Case No. 103 of 2015 registered for the offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code.

Allegedly, Mukesh Singh after entering into the house of the informant assaulted the husband of the informant and the informant also and then the husband of the informant pierced barchhi to Mukesh Singh and thereafter, fled away from the house but the petitioner and other FIR named accused persons after searching the husband of the informant, killed him by piercing barchhi and threw the dead body in a ditch.

Submission is of false implication and that there is no eye witness of the occurrence, the deceased has himself killed

Patna High Court Cr.Misc. No.22467 of 2016 (2) dt.24-05-2016 2/2 Mukesh Singh and only on suspicion, the informant has named the petitioner and others, there is general and omnibus allegation against the petitioner and, as such, the petitioner who is suffering in custody since 28.09.2015 deserves sympathetic consideration. Similarly situated co-accused Satish Singh and Ravish Kumar have already been allowed bail.

The learned A.P.P fairly submits that two similarly situated co-accused have already been allowed bail. In the facts and circumstances stated above, considering the general and omnibus allegation, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Hilsa in connection with Karaiparsurai P.S. Case No. 103 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Mishra/- U T