Mantu Singh @ Mantun Singh @ Abhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5337 of 2019 Arising Out of PS. Case No.-458 Year-2018 Thana- GRIYAK District- Nalanda ====================================================== Mantu Singh @ Mantun Singh @ Abhay Kumar, aged about 42 years, Gender, Male, son of Sri Rajendra Prasad Singh, Resident of Village - Puri, P.S.- Giriyak, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
M/s A. K. Thakur Mukesh Kumar Udbhav, Advocates For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioner is to have killed the son of the informant along with F.I.R. named accused. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case only on the basis of suspicion. It has further been submitted that the deceased died as a result of drowning by falling accidentally in the well while talking on his mobile phone. Petitioner has no criminal antecedent and he is in custody since 30.11.2018. Considering the aforesaid facts and circumstances of
Patna High Court CR. MISC. No.5337 of 2019(3) dt.13-03-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Giriyak P.S. Case No. 458 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T